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Home My WebLink About03-04-2024 Agenda Packet AGENDA CITY COUNCIL MEETING March 4, 2024 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Fire Department Retiree Recognition b. Park and Recreation Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 02/20/2024 City Council Minutes c. Approve a Copier Lease with Marco Technologies d. Portable Restroom Service Agreement with Rent-N-Save Portable Services e. Agreement with Allied Blacktop Company for Trail Crack Sealing f. Park Restroom Cleaning Services Agreement with Astra Cleaning Services, LLC. g. Approve First Amendment to Fiscal Agent Agreement with Dakota 911 (D911) h. 2024 Instrumentation and Control Support Services Supplemental Agreement with AE2S i. Approval of Professional Services Agreement with Ehlers j. Contract for tree planting in city parks and right-of-way k. Resignation from the Economic Development Commission l. Resolution Calling a Public Hearing on Proposed Assessments for City Improvement Page 1 of 143 City Council Meeting Agenda March 4, 2024 Page 2 Project 24-02 m. Estoria Lakeville Final Plat Extension n. Caslano Second Addition final plat o. Agreement with Blue Water Science for Professional Services for Lake Management 7. Action Items a. Public Hearing on the application for Crystal Lake Golf Club LLC for an On-sale and Sunday liquor license 8. Unfinished Business 9. New Business 10. Announcements a. Next Regular City Council Meeting, March 18, 2024 b. Next Work Session Meeting, March 25, 2024 11. Adjourn Page 2 of 143 Date: Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 02/16/2024 – 02/28/2024 is as follows: Checks 321841-321964 $1,420,197.31 ACH 15965-16106 $885,097.06 Electronic Funds Transfer (EFT) 20240106-20240117 $1,549,931.06 Total $3,855,225.43 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information • Check register summary dated 02/16/2024 – 02/28/2024 Financial Impact: $3,855,225.43 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Cheri Donovan, Assistant Finance Director 03/04/2024 Page 3 of 143 2/28/2024City of Lakeville 10:56:13R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 2/28/20242/16/2024 - Company Amount 287,327.8501000GENERAL FUND 1,948.2802000COMMUNICATIONS FUND 52.5702280DOWNTOWN SPECIAL SERVICES DIST 16,248.2402295OPIOID SETTLEMENT FUND 325.00031202022 A REFUNDING BONDS 113,516.3704000BUILDING FUND 56,455.3004100EQUIPMENT FUND 4,658.1404125TECHNOLOGY FUND 6,688.5804161ARENAS CAPITAL IMPROVEMENTS 131,920.56047002022 C PARK BONDS 19,425.54047102023 A PARK BONDS 136,798.25047202024 X PARK BONDS 74.0005200STATE AID CONSTRUCTION FUND 67,288.2705500WATER TRUNK FUND 5,414.010658622-03 210TH ST LKVL BLVD RECON 11,340.380658922-24 AIRLAKE 70 IMPROVEMENT 266.000659524-02 STREET RECONSTRUCTION 357.15-07450 ENVIRONMENTAL RESOURCES FUND 2,192.13-07550 UTILITY FISCAL ADMINISTRATION 66,278.6807575STREET LIGHTING FUND 111,701.3307600WATER FUND 461,337.0707700SEWER FUND 832,121.8407800LIQUOR FUND 29,266.4808000ESCROW FUND - DEVELOPERS/BUILD 4,352.55-08910 ESCROW - DCA/SECTION 125 303,962.4108950DAKOTA 911 - OPERATING FUND 55,499.5208970LAKEVILLE ARENAS - OPERATIONS 1,142,212.5909800PAYROLL CLEARING FUND Report Totals 3,855,225.43 Page 4 of 143 MINUTES CITY COUNCIL MEETING February 20, 2024 - 6:30 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Acting Mayor Lee called the meeting to order at 6:30 p.m. 2.Roll Call Members Present: Acting Mayor Lee, Council Members Bermel, Volk, Wolter Absent: Mayor Hellier Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director 3.Citizen Comments None 4.Additional agenda information None 5.Presentations/Introductions None 6.Consent Agenda Motion was made by Bermel, seconded by Volk, to approve the following: Voice vote was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter Absent: Mayor Hellier a.Check Register Summary b.Minutes of the 02/05/2024 City Council Meeting c.Contract for tree maintenance and removal service d.2024 Inflow and Infiltration Improvement Project Award of Construction Contract e.Resolution No. 24-025 Downtown Parking Lot Lighting Equipment Purchasing f.Materials Acquisition From Dakota Unlimited for Fencing for East Lake Rough Fish Deterrence System g.Resolution No. 24-026 0Approval of 2024 Utility & Street Construction Standard Specifications and Detail Plates Page 5 of 143 City Council Meeting Minutes February 20, 2024 Page 2 h.Resolution No. 24-027 Supporting Dakota County’s Application for Funding Through the Rebuilding American Infrastructure with Sustainability and Equity Grant Program for the Interstate 35 Transportation Safety and Community Access Improvements at Dakota County State Aid Highway 50 i.Supplemental Agreement for Professional Services with WSB for Interim Environmental Resources Services j.Temporary on-sale liquor license to Dakota Curling Club for Curling Tournament 7.Action Items a.Public Hearing on the application for Lakeville Brewing Co., LLC DBA "LBC on the Lake" for an on-sale wine and on-sale beer license Acting Mayor Lee opened the public hearing at 6:34 p.m. There were no comments from the public. Motion was made by Volk, seconded by Wolter, to close the Public Hearing at 6:35 p.m. Roll call was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter Absent: Mayor Hellier Motion was made by Bermel, seconded by Wolter, to grant an On-Sale Wine and Beer license for LBC on the Lake located at 20135 Ipava Avenue. Roll call was taken on the motion. Ayes - Lee, Bermel, Volk, Wolter Absent: Mayor Hellier 8.Unfinished Business None 9.New Business None 10.Announcements Next Regular City Council Meeting, March 4, 2024 Next Work Session Meeting, February 26, 2024 11.Adjourn Motion was made by Volk, seconded by Bermel, to adjourn at 6:53 p.m. Voice vote was taken on the motion. Absent: Mayor Hellier Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 6 of 143 Date: 3/4/2024 Approve a Copier Lease with Marco Technologies Proposed Action Staff recommends adoption of the following motion: Move to approve a 5-year lease with Marco Technologies to refresh and maintain copiers. Overview The ability to print continues to be a necessary part of business. While our page count continues to decrease year over year, we have many processes that still require the use of paper. 2024 marks the end of our existing 5-year lease with Marco Technologies. The level of support, product quality, and software capabilities offered by Marco Technologies have met our needs. The existing units are showing their age and in need of replacement. Marco Technologies and the City have done an evaluation of our current usage and needs involving the use of reports and staff input. A new lease has been proposed with up-to-date equipment and abilities. Supporting Information None Financial Impact: $3,685 / month Budgeted: Yes Source: General Fund / Liquor Fund / Arenas Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Trevor Stewart, IT Manager Page 7 of 143 Date: 3/4/2024 Portable Restroom Service Agreement with Rent-N-Save Portable Services Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Rent-N- Save Portable Services to provide and service portable restrooms. Overview In January, City staff requested proposals from three contractors for portable restroom services. Three proposals were received and Rent-N-Save Portable Services provided the lowest proposal. Portable restrooms are available at various locations throughout the City. Staff recommends approving a 2-year contract with Rent-N-Save Portable Services for the term of April 1, 2024 – March 31, 2026, at a cost of $25,785.50 per year. Supporting Information 1. Portable Restrooms Agreement 2. RFP Results 2.9.2024 Financial Impact: $25,785.50/year Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Paul Miskimen, Parks Supervisor Page 8 of 143 1 AGREEMENT BETWEEN CITY OF LAKEVILLE AND RENT-N-SAVE PORTABLE SERVICES DAKOTA COUNTY, MINNESOTA AGREEMENT made this 4th day of March 2024, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and RENT-N-SAVE PORTABLE SERVICES, a Minnesota corporation ("Contractor") for providing and servicing portable restrooms within the City of Lakeville. IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Quote dated 1/17/2024 In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “B” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide and service portable restrooms in accordance with the Contract Documents in accordance with the number of restrooms at the locations provided in Exhibit A, as directed by the City’s Park and Recreation Director, or his designee. 3. ASSIGNMENT. Neither party may assign or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 4. TIME OF PERFORMANCE. The Contractor shall complete its obligations from April 1, 2024 through March 31, 2026. 5. PAYMENT. The City will pay the Contractor in accordance with the Quote, which is inclusive of reimbursable expenses. Payment shall be made periodically after a work has been performed and within thirty-five (35) days of receiving an invoice for work performed. 6. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. Page 9 of 143 2 7. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor solely and exclusively for the City in conjunction with this contract. 8. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 9. STANDARD OF CARE. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 10. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 11. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 12. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Page 10 of 143 3 Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 13. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 14. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Page 11 of 143 4 Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self- employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 15. INDEMNITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents (“Representatives”) from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees (“Claims”), arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract, provided such Claims are not caused by the negligence or willful misconduct of the City or its Representatives. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 16. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 17. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 18. SEVERABILITY. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 19. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page 12 of 143 Page 13 of 143 PORTABLE RESTROOM SITES SUMMER/FALL No. of Units No. of Months DBL Service Dates Supplied Aronson Park, 8520 202nd Street -Double service June-Aug.2 6.25 3 April 15th - October 21st Aronson Park (Field #5), 8520 202nd Street 1 6.25 April 15th - October 21st Bunker Hill Park, 7267 167th Street 1 6.25 April 15th - October 21st Casperson Soccer/Off Road Bike Course 2 3.25 April 15th - July 22nd Cedar Crossing, 20785 Glade Ave 1 6.25 April 15th - October 21st Chadwick Park, 21225 Italy Avenue 1 6.25 April 15th - October 21st Dodd Trail Park, 17035 Flagstaff Avenue - ADA UNIT 1 7.5 5 April 15th - November 25th East Com. Park, North Parking lot; SE of 165th and Pilot Knob 1 4 April 15th - Aug 11th Fieldstone Park, 16525 Fairgreen Avenue 1 6.75 April 15th - October 28th Foxborough Park, 7743 Upper 167th Street 2 6.25 April 15th - October 21st Jaycee Park, 20510 Hull Avenue 1 6.25 April 15th - October 21st Kensington Park, 20600 Kensington Blvd 1 5 April 15th - September 16th King Park, 18350 Dodd Blvd 2 6.25 April 15th - October 21st Northcreek Park, 5182 175th Street W 1 6.25 April 15th - October 21st Pinnacle Reserve Park, 18268 Hamel Drive 1 6.25 April 15th - October 21st Oak Shores Park, East parking lot 10435 162nd Street 1 5 April 15th - September 16th Oak Shores Park, BB, west parking lot 10435 162nd Street 1 5 April 15th - September 16th Parkview Park, 6833 Gerdine Path (building closed '21) 1 6 May 6th - October 21st Spyglass Park, 7175 205th Street 1 5 April 15th - September 16th Summerlyn , 19352 Hillcrest Ave 1 5 April 15th - September 16th Village Creek Park 20651 Hartford Way 1 5 April 15th - September 16th SCHOOL LOCATIONS: Century MS, 185th & Ipava* - Double Service April - Oct.2 6.25 7 April 15th - October 21st Cherryview Elem., 8600 175th Street 1 6.25 April 15th - October 21st Christina Huddleston Elem., 9569 175th Street 1 6.25 April 15th - October 21st Crystal Lake Elem., 16250 Ipava Avenue 1 6.25 April 15th - October 21st Eastview Elem., 18060 Ipava Avenue 1 6.25 April 15th - October 21st Kenwood MS, 19455 Kenwood Trail* 1 6.25 April 15th - October 21st Kenwood MS (in back)* 1 6.25 April 15th - October 21st Kenwood MS near tennis courts Disc Golf 1 7.5 April 15th - November 25th Lakeview Elem., 202nd & Jacquard 1 6.25 April 15th - October 21st McGuire MS, 21220 Holyoke Avenue* 2 6.25 April 15th - October 21st Oak Hills Elem., 165th & Highview 1 4 April 15th - August 12th Quail Meadows Park, 5580 170th Street 1 6 April 15th - October 14th Quail Meadows Park, 5580 170th Street 1 5 May 6th - October 7th ALL YEAR LOCATIONS Casperson Boat Launch, 19520 Juno Trail 1 12 ALL YEAR Cherryview Park, 7952 175th Street 1 12 ALL YEAR Dakota Heights Park, 9550 175th Street 1 12 ALL YEAR East Community Park, 16700 Pilot Knob Road 1 12 ALL YEAR Greenridge Park, 17685 Flagstaff Avenue 1 12 ALL YEAR Highview Heights Park, 16181 Harvard Lane 1 12 ALL YEAR Juno Trailway parking area - Double Service April - Oct.1 12 7 ALL YEAR Meadows Park, 20707 Jacquard Avenue 1 12 ALL YEAR Orchard Lk Boat Launch, 11875 175th Street 1 12 ALL YEAR Ritter Farm Park, 19300 Ritter Trail (lower lot) 1 12 ALL YEAR Ritter Farm Dog Park, 19440 Ritter Trail (NW corner of lot) 1 12 ALL YEAR Rolling Oaks Park, 10595 167th Street 1 12 ALL YEAR Steve Michuad Playground, - ADA Dbl May-Sept 1 12 5 ALL YEAR Valley Lake Park 7165 Upper 162nd St, (On path,off parking lot) 1 12 ALL YEAR FUTURE PLACEMENTS IN LAKEVILLE Casperson Soccer/Off Road Bike Course (remove 1 unit above) 1 4 July 22nd - November 30th Century MS, 185th & Ipava - Near Tennis courts 1 3 June 3rd - August 28th Hypointe Crossing Park, 16396 Hutchinson Drive 1 2.75 June 10th - August 16th RESTROOMS WILL BE CLEANED ON THURSDAYS -- 2x/wk UNITS ON M & TH RESTROOMS WILL BE CLEANED ON THURSDAYS -- 2x/wk UNITS ON M & TH EXHIBIT A DISTRIBUTION OF PORTABLE RESTROOMS IN LAKEVILLE - 2024 Page 14 of 143 PORTABLE RESTROOM SITES SUMMER/FALL No. of Units No. of Months DBL Service Dates Supplied Aronson Park, 8520 202nd Street -Double service June-Aug.2 6.25 3 April 15th - October 21st Aronson Park (Field #5), 8520 202nd Street 1 6.25 April 15th - October 21st Bunker Hill Park, 7267 167th Street 1 6.25 April 15th - October 21st Casperson Soccer/Off Road Bike Course 2 3.25 April 15th - July 22nd Cedar Crossing, 20785 Glade Ave 1 6.25 April 15th - October 21st Chadwick Park, 21225 Italy Avenue 1 6.25 April 15th - October 21st Dodd Trail Park, 17035 Flagstaff Avenue - ADA UNIT 1 7.5 5 April 15th - November 25th East Com. Park, North Parking lot; SE of 165th and Pilot Knob 1 4 April 15th - Aug 11th Fieldstone Park, 16525 Fairgreen Avenue 1 6.75 April 15th - October 28th Foxborough Park, 7743 Upper 167th Street 2 6.25 April 15th - October 21st Jaycee Park, 20510 Hull Avenue 1 6.25 April 15th - October 21st Kensington Park, 20600 Kensington Blvd 1 5 April 15th - September 16th King Park, 18350 Dodd Blvd 2 6.25 April 15th - October 21st Northcreek Park, 5182 175th Street W 1 6.25 April 15th - October 21st Pinnacle Reserve Park, 18268 Hamel Drive 1 6.25 April 15th - October 21st Oak Shores Park, East parking lot 10435 162nd Street 1 5 April 15th - September 16th Oak Shores Park, BB, west parking lot 10435 162nd Street 1 5 April 15th - September 16th Parkview Park, 6833 Gerdine Path (building closed '21) 1 6 May 6th - October 21st Spyglass Park, 7175 205th Street 1 5 April 15th - September 16th Summerlyn , 19352 Hillcrest Ave 1 5 April 15th - September 16th Village Creek Park 20651 Hartford Way 1 5 April 15th - September 16th SCHOOL LOCATIONS: Century MS, 185th & Ipava* - Double Service April - Oct.2 6.25 7 April 15th - October 21st Cherryview Elem., 8600 175th Street 1 6.25 April 15th - October 21st Christina Huddleston Elem., 9569 175th Street 1 6.25 April 15th - October 21st Crystal Lake Elem., 16250 Ipava Avenue 1 6.25 April 15th - October 21st Eastview Elem., 18060 Ipava Avenue 1 6.25 April 15th - October 21st Kenwood MS, 19455 Kenwood Trail* 1 6.25 April 15th - October 21st Kenwood MS (in back)* 1 6.25 April 15th - October 21st Kenwood MS near tennis courts Disc Golf 1 7.5 April 15th - November 25th Lakeview Elem., 202nd & Jacquard 1 6.25 April 15th - October 21st McGuire MS, 21220 Holyoke Avenue* 2 6.25 April 15th - October 21st Oak Hills Elem., 165th & Highview 1 4 April 15th - August 12th Quail Meadows Park, 5580 170th Street 1 6 April 15th - October 14th Quail Meadows Park, 5580 170th Street 1 5 May 6th - October 7th ALL YEAR LOCATIONS Casperson Boat Launch, 19520 Juno Trail 1 12 ALL YEAR Cherryview Park, 7952 175th Street 1 12 ALL YEAR Dakota Heights Park, 9550 175th Street 1 12 ALL YEAR East Community Park, 16700 Pilot Knob Road 1 12 ALL YEAR Greenridge Park, 17685 Flagstaff Avenue 1 12 ALL YEAR Highview Heights Park, 16181 Harvard Lane 1 12 ALL YEAR Juno Trailway parking area - Double Service April - Oct.1 12 7 ALL YEAR Meadows Park, 20707 Jacquard Avenue 1 12 ALL YEAR Orchard Lk Boat Launch, 11875 175th Street 1 12 ALL YEAR Ritter Farm Park, 19300 Ritter Trail (lower lot) 1 12 ALL YEAR Ritter Farm Dog Park, 19440 Ritter Trail (NW corner of lot) 1 12 ALL YEAR Rolling Oaks Park, 10595 167th Street 1 12 ALL YEAR Steve Michuad Playground, - ADA Dbl May-Sept 1 12 5 ALL YEAR Valley Lake Park 7165 Upper 162nd St, (On path,off parking lot) 1 12 ALL YEAR FUTURE PLACEMENTS IN LAKEVILLE Casperson Soccer/Off Road Bike Course (remove 1 unit above) 1 4 July 22nd - November 30th Century MS, 185th & Ipava - Near Tennis courts 1 3 June 3rd - August 28th Hypointe Crossing Park, 16396 Hutchinson Drive 1 2.75 June 10th - August 16th RESTROOMS WILL BE CLEANED ON THURSDAYS -- 2x/wk UNITS ON M & TH RESTROOMS WILL BE CLEANED ON THURSDAYS -- 2x/wk UNITS ON M & TH EXHIBIT A DISTRIBUTION OF PORTABLE RESTROOMS IN LAKEVILLE - 2024 Page 15 of 143 Page 16 of 143 Page 17 of 143 ITEM Rent N Save On Site Biffs Unit cost per month 52.00 75.00 91.00 Twice a week service (2nd service cost)20.00 75.00 87.00 ADA unit cost 135.00 160.00 166.00 Twice a week service (2nd service cost)20.00 120.00 71.00 Hand sanitizer 0.00 5.00 0.00 Damage waiver 5.00 12.50 0.00 Tip over charge - extra service call 50.00 29.00 26.50 Tip over charge - extra service call-within 24 hours of call 50.00 200.00 X Tip over charge - extra service call-weekend or emergency 50.00 200.00 31.50 Cost for total loss replacement 850.00 850.00 850.00 Winter freeze protection X X 30.00 Rent N Save On Site Biffs Park property summer service $20,304.25 $31,810.63 $32,400.75 School property summer service $5,481.25 $9,034.38 $9,521.75 Grand Total 2024-25 Scheduled Service $25,785.50 $40,845.01 $41,922.50 Portable Restroom RFP Results 2/9/2024 2024 Estimated Cost for Scheduled Portable Restroom Service Page 18 of 143 Date: 3/4/2024 Agreement with Allied Blacktop Company for Trail Crack Sealing Proposed Action Staff recommends adoption of the following motion: Move to Approve Trail Crack Sealing Agreement with Allied Blacktop Company. Overview City staff requested proposals from four contractors for the crack sealing of the trails. The City received responses from two contractors with proposals ranging from .540 to .5825 cents per lineal foot for trail crack sealing. The low proposal for the project was submitted by Allied Blacktop Company at .540 cents per lineal foot. The project will be funded from the Trail Improvement Fund, which provides $75,000 of appropriations for both trail fog sealing and crack sealing. The estimated quantity of cracks on the trails is 60,000 lineal feet. At a cost of .540 cents per lineal foot, the estimated cost to complete the trail crack sealing is $32,400. Supporting Information 1. 2024 Trail Crack Seal Agreement 2. 2024 Trail Crack Sealing Project Proposal Results Financial Impact: $32,400.00 Budgeted: Yes Source: Trail Improvement Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Mark Kruse, Parks Superintendent Page 19 of 143 Page 20 of 143 Page 21 of 143 Page 22 of 143 Page 23 of 143 Page 24 of 143 Page 25 of 143 Page 26 of 143 Page 27 of 143 Company Est. Quantity (lineal feet)Unit Price Total Allied Blacktop Company 60,000 $0.54 $32,400.00 Gopher State Sealcoat 60,000 $0.5825 $34,950.00 Seal King - MJ Sealcoating LLC 60,000 No response Professional Asphalt Services 60,000 No response 2024 Lakeville Trail Crack Sealing Project Proposal Results 2/20/2024 Page 28 of 143 Date: 3/4/2024 Park Restroom Cleaning Services Agreement with Astra Cleaning Services, LLC. Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Astra Cleaning Services, LLC. for park restroom cleaning services. Overview Staff prepared and sent out Request for Proposals to four contractors for Monday through Friday park restroom cleaning services at 11 park facilities. The City received responses from three companies ranging from $54,000 to $54,820. The low proposal was submitted by Astra Cleaning Services in the amount of $54,000. Staff is recommending approval of an Agreement with Astra Cleaning Services for park restroom cleaning services at a cost of $54,000. Supporting Information 1. Restroom Cleaning Agreement 2024 2. Astra Cleaning Services Proposal 3. Parks Restroom Cleaning Proposal Results Financial Impact: $54,000.00 Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Paul Miskimen, Parks Supervisor Page 29 of 143 1 184651v1 AGREEMENT BETWEEN CITY OF LAKEVILLE AND ASTRA CLEANING SERVICES, LLC FOR PARK RESTROOM CLEANING SERVICES THIS AGREEMENT made this 4th day of March 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and ASTRA CLEANING SERVICES, LLC, a Minnesota limited liability company (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposals for 2024 Park Restroom Cleaning Services, prepared by the City of Lakeville. C. Contractor’s Proposal dated February 14, 2024. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposal. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. Invoices will be paid within 35 days of receipt. 4. PAYMENT PROCEDURES. A. Contractor shall submit monthly invoices for services provided. Applications for Payment will be processed by the Parks Superintendent. B. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the Page 30 of 143 2 184651v1 subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 5. TERM. The term of this contract shall begin on April 15, 2024 and terminate on October 25, 2024. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor does not consider that any further examinations, investigations, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. E. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. F. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, and all additional examinations, investigations, and data with the Contract Documents. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. H. Background Checks: The City may require criminal history background checks of the Contractor’s employees for purposes of access to City facilities. Page 31 of 143 3 184651v1 The City reserves the right to deny access to City facilities to those Contractors or Contractor’s employees that it deems inappropriate. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Page 32 of 143 4 184651v1 Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately correct, without cost to the City, any such faulty work. 10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the Specifications. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. Page 33 of 143 5 184651v1 (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. H. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. I. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. J. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. Page 34 of 143 6 184651v1 L. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. M. Notwithstanding any other section or provision of this Agreement, either party may terminate this Agreement upon thirty (30) days written notice, at any time, without reason, to the other party's representative at its respective address. No notice shall be due for termination for cause. "Termination for cause" shall include, but not be limited to, breech of confidential or premises security. OWNER: CONTRACTOR: CITY OF LAKEVILLE ASTRA CLEANING SERVICES, LLC BY: ____________________________ Luke M. Hellier, Mayor AND ___________________________ Ann Orlofsky, City Clerk BY: _________________(Omar Noguera) ITS: _____Owner_____________ Page 35 of 143 20195 Holyoke Avenue, Lakeville, MN 55044 952-985-4400 • 952-985-4499 fax www.lakevillemn.gov PROPOSAL FORM 2024 RESTROOM CLEANING SERVICES Company Name: City, State: Name (print): Authorized Signature: ______________________________ Date: Telephone: LOCATION (April 15 – October 25, 2024) SERVICE CONTRACT COST Aronson Park – 8550 202nd Street Casperson Park – 19720 Juno Trail King Park – 18350 Dodd Boulevard Orchard Lake Beach – 17195 Judicial Road Parkview Park – 6833 Gerdine Path Prairie Lake Park – 18179 Kingsway Path Steve Michaud Park – 17100 Ipava Trail Quigley-Sime Park – 8500 202nd Street Valley Lake Park – 16050 Garrett Path LOCATION (June 10 – October 25, 2024) Antlers Park – 20141 Ipava Avenue Ritter Cabin – 19300 Ritter Trail GRAND TOTAL OF ALL MENTIONED SITES: OPTIONAL ADD-ON SERVICE Interior/Exterior Window Cleaning Antlers Park – 20141 Ipava Avenue __Astra Cleaning Services , LLC __________________________________ __Coon Rapids , Minnesota _________________________________________ __Omar Noguera ______________________________________________________ __02/14/2024_______________________ !!!"#$%&'(%#$)'!!!!!!!!!!Omar.noguera@outlook.com*+,-./ $_5,320________________________ $_4,480________________________ $_5,320________________________ $_4,480________________________ $_4,200________________________ $_4,200________________________ $_4,200________________________ $_5 ,320_______________________ $_4,480________________________ $_54,000____________________________ $1,350_________________/occurrence (will use an auto scrubber) ! "#$%%% !"#$%%%"""""""""""""""""""""""" Page 36 of 143 Company Total Astra Cleaning Services $54,000.000 FBG Services $54,781.000 Vanguard $54,820.000 Marsden Services No response 2024 Parks Restroom Cleaning Proposal Results 2/15/2024 Page 37 of 143 Date: 3/4/2024 Approve First Amendment to Fiscal Agent Agreement with Dakota 911 (D911) Proposed Action Staff recommends adoption of the following motion: Move to approve the First Amendment to Fiscal Agent Agreement with Dakota 911 (D911). Overview The City of Lakeville has been the fiscal agent for Dakota 911, providing financial system administration and payroll services since October 2006. The current agreement has been in place since 2021, after fiscal agent fees were reviewed and updated to reflect actual time spent on providing these services. The 2021 agreement also addressed reviewing and updating the cost estimates again for fiscal year 2025 and providing additional financial services outside the scope of work, such as the Enterprise Resource Planning (ERP) system implementation. The ERP implementation (target go-live date in September 2024) will inevitably result in monthly processing changes. Staff will not be able to ascertain the time commitment changes necessary for a January 1, 2025 effective date. The amended contract calls for one additional year of CPI- U adjustments in 2025. The amended contract then states that for the 2026 fiscal year, the calculation will be updated to reflect current time commitments and compensation costs of city finance staff in their Fiscal Agent capacity. The 2023 fiscal agent fee was $11,175/month ($134,100/year). The 2024 fiscal agent fee is $11,477/month ($137,724/year). The 2025 fiscal agent fee will be adjusted by the annual rate of inflation using the Minneapolis-St. Paul Minnesota CPI-U for the previous calendar year. The Dakota 911 Board approved the first amendment to the financial services agreement at their February 15, 2024 meeting. Supporting Information 1. D911 Resolution First Amendment to Financial Services Agreement 2. First Amendment to Financial Management Services Agreement Financial Impact: $137,724 Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 38 of 143 Page 39 of 143 FIRST AMENDMENT TO AGREEMENT BETWEEN DAKOTA 911 (FORMERLY KNOWN AS DAKOTA COMMUNICATIONS CENTER (DCC)) AND THE CITY OF LAKEVILLE FOR FINANCIAL MANAGEMENT SERVICES WHEREAS, effective September 7, 2021, Dakota 911 (known previously as DCC) and the City of Lakeville (Lakeville) entered into a joint powers agreement (Agreement) for Lakeville to provide financial management services to Dakota 911; and WHEREAS the parties desire to amend certain terms of the Agreement as more fully set forth below; and WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1.To amend Article IV Compensation as follows: ARTICLE IV COMPENSATION Dakota 911 shall make monthly payments to Lakeville for services provided in the following amounts: • Effective January 1, 2022 - $10,400.00; • Effective January 1, 2023, 2024 and 2025, the compensation will be adjusted each year by the annualized rate of inflation using the Minneapolis-St. Paul Minnesota CPI-U, for the previous calendar year. • Effective January 1, 2026, the calculation will be updated to reflect current time commitments and compensation costs for the Fiscal Agent. Effective January 1, 2027 and January 1 each year thereafter, the compensation will be adjusted by the annualized rate of inflation using the Minneapolis-St. Paul Minnesota CPI-U for the previous calendar year, until either entity requests a review of the amount. The monthly payments to Lakeville do not include LOGIS payroll costs for Dakota 911 staff. Dakota 911 is solely responsible for this cost without contribution from the City of Lakeville. If Dakota 911 requests that Lakeville provide financial services outside the Scope of Work described in Exhibit A, Dakota 911 and Lakeville will enter into a separate agreement for those services and the compensation to be paid for those services will be agreed upon by Lakeville and Dakota 911. Assistance provided by Lakeville staff to Dakota 911 for applying, receiving and reporting on grants and grant expenditures is considered services outside the Scope of Work of this Agreement and will be billed and paid at an hourly rate to be agreed upon by Lakeville and Dakota 911. 2.To amend Article V Contacts as follows: . ARTICLE V CONTACTS The contact persons for purposes of day-to-day operations and notifications are as follows, unless either party notifies the other in writing of a change in authorized contact person: Dakota 911 Heidi Hieserich, or successor Dakota 911 Executive Director 2860 160th Street West Rosemount MN 55068 Page 40 of 143 2 Lakeville Julie Stahl, or successor Lakeville Finance Director 20195 Holyoke Avenue Lakeville MN 55044 3. To amend Exhibit A section A. Scope of Work to be Performed as follows: Financial Systems Administration: Prepare quarterly financial report for staff and governing body review. 4. All other terms of the Agreement between Dakota 911 and the City of Lakeview shall remain in full force and effect unless otherwise amended or terminated in accordance with law or the terms of the Agreement. 5.In any case where this Amendment conflicts with the Agreement, the Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date(s) indicated below. CITY OF LAKEVILLE By ___________________________________ Mayor Date of Signature: _____________________ By ___________________________________ City Clerk Date of Signature: _____________________ Dakota 911 APPROVED AS TO FORM: By ___________________________________ /s/ Dain L. Olson 1/8/24 Chair, Board of Directors Assistant Dakota County Attorney Date Date of Signature: ______________________ 02/15/2024 Page 41 of 143 Date: 3/4/2024 2024 Instrumentation and Control Support Services Supplemental Agreement with AE2S Proposed Action Staff recommends adoption of the following motion: Move to approve the 2024 Professional Services Instrumentation and Control Support Supplemental Agreement with AE2S. Overview The utility division uses a software system, Supervisory Controls and Data Acquisition (SCADA), for controlling, monitoring and analyzing devices and processes for the sewer and water operations of the water treatment plant, wells, water towers, and lift stations. City staff works with AE2S to program, calibrate, and troubleshoot instrumentation and controls on the water and sewer infrastructure on an on needed basis. This scope of work is a supplemental agreement to the master agreement for professional services between the City and AE2S. Supporting Information 1. Supplemental Agreement Financial Impact: Time and Material Basis Budgeted: Yes Source: Water Fund and Sewer Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utilities Superintendent Page 42 of 143 February 26, 2024 Shane Quade Utilities Superintendent City of Lakeville 18400 Ipava Ave Lakeville, MN 55044 RE: 2024 Instrumentation and Control Support Services Dear Mr. Quade: Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render Instrumentation and Control (I&C) Support Services (Assignment) to the City of Lakeville (CLIENT). This scope of work is a Supplemental Agreement as extension of and in accordance with the Master Agreement for Professional Services between the City of Lakeville and AE2S, dated September 20, 2021. Scope of Basic Services AE2S will perform the following tasks: • Supervisory Control and Data Acquisition (SCADA) software programming services as requested by the CLIENT. Programming modifications and troubleshooting for computers, Programmable Logic Controller (PLC), and Human-Machine Interface (HMI) software. • I&C General, Emergency, and Calibration Services o Service for system problems will be scheduled in accordance with the severity of the issue. AE2S will work with the CLIENT to assess the severity and discuss an appropriate timeline for a solution. ▪ Problems that result in the inability for the operation of the facility will be assessed as soon as possible, inside or outside normal business hours. ▪ Non-Emergency problems will be assessed within normal business hours. o Technicians will provide all required tools and computer software to perform Input/Output (I/O) Checkout and Instrumentation Calibrations as needed. o Provide service reports to CLIENT indicating the original problem, the testing procedures used to investigate the problem, the resolution to the problem and the time required to resolve the problem. o If the replacement of equipment is required to resolve the problem, the technician will discuss with the CLIENT and work to procure and replace the equipment under the CLIENT’s direction. Costs of the devices, consumables for installing the devices, or other direct, non- labor expenses are reimbursable and shall be borne by the CLIENT. Limited Equipment Warranty AE2S MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A THIRD PARTY, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) Page 43 of 143 City of Lakeville RE: Supplemental Agreement for I&C Support and Services February 26, 2024 Page 2 WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS AND PARTS MANUFACTURED BY A THIRD PARTY AND INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS THROUGH TO CLIENT SUCH ORIGINAL EQUIPMENT MANUFACTURER'S AVAILABLE PRODUCT WARRANTY. THE REMEDIES SET FORTH IN THE MANUFACTURER’S TERMS SHALL BE THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND AE2S’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule. Fees AE2S shall render services under this Agreement on an hourly basis in accordance with the Hourly Fee Schedule, plus reimbursement for all project related expenses. Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. Acceptance If this Agreement sets forth your understanding of our agreement, including the scope of work desired and fees, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, Anthony Pittman Instrumentation & Controls Regional Manager Page 44 of 143 City of Lakeville RE: Supplemental Agreement for I&C Support and Services February 26, 2024 Page 3 AE2S CLIENT Accepted this _____ day of __________________________, 2024 By: _______________________________ By: ________________________________ Justin Klabo, PE Luke M. Hellier, Mayor Operations Manager And: ________________________________ Ann Orlofsky, City Clerk Page 45 of 143 Hourly Fee and Expense Schedule Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to annual adjustment effective January 1. Labor Rates Administrative 1 $67.00 Administrative 2 $82.00 Administrative 3 $99.00 Communications Specialist 1 $109.00 Communications Specialist 2 $127.00 Communications Specialist 3 $146.00 Communications Specialist 4 $176.00 Communications Specialist 5 $194.00 Construction Services 1 $130.00 Construction Services 2 $159.00 Construction Services 3 $176.00 Construction Services 4 $195.00 Construction Services 5 $216.00 Engineering Assistant 1 $88.00 Engineering Assistant 2 $103.00 Engineering Assistant 3 $130.00 Engineer 1 $140.00 Engineer 2 $168.00 Engineer 3 $197.00 Engineer 4 $228.00 Engineer 5 $244.00 Engineering Technician 1 $87.00 Engineering Technician 2 $109.00 Engineering Technician 3 $131.00 Engineering Technician 4 $146.00 Engineering Technician 5 $167.00 Financial Analyst 1 $116.00 Financial Analyst 2 $132.00 Financial Analyst 3 $159.00 Financial Analyst 4 $173.00 Financial Analyst 5 $193.00 GIS Specialist 1 $109.00 GIS Specialist 2 $132.00 GIS Specialist 3 $156.00 GIS Specialist 4 $174.00 GIS Specialist 5 $194.00 I&C Assistant 1 $104.00 I&C Assistant 2 $129.00 I&C 1 $154.00 I&C 2 $182.00 I&C 3 $205.00 I&C 4 $218.00 I&C 5 $228.00 IT 1 $135.00 IT 2 $182.00 IT 3 $223.00 Land Surveyor Assistant $99.00 Land Surveyor 1 $119.00 Land Surveyor 2 $144.00 Land Surveyor 3 $163.00 Land Surveyor 4 $179.00 Land Surveyor 5 $197.00 Operations Specialist 1 $104.00 Operations Specialist 2 $130.00 Operations Specialist 3 $161.00 Operations Specialist 4 $184.00 Operations Specialist 5 $206.00 Project Coordinator 1 $120.00 Project Coordinator 2 $135.00 Project Coordinator 3 $150.00 Project Coordinator 4 $166.00 Project Coordinator 5 $187.00 Project Manager 1 $213.00 Project Manager 2 $233.00 Project Manager 3 $249.00 Project Manager 4 $264.00 Project Manager 5 $282.00 Project Manager 6 $295.00 Sr. Designer 1 $185.00 Sr. Designer 2 $205.00 Sr. Designer 3 $220.00 Sr. Financial Analyst 1 $218.00 Sr. Financial Analyst 2 $239.00 Sr. Financial Analyst 3 $259.00 Technical Expert 1 $335.00 Technical Expert 2 Negotiable Page 46 of 143 Reimbursable Expense Rates Transportation $0.75/mile Survey Vehicle $0.95/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/day Total Station – Robotic $35.00/hour Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $280.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Rental Car cost * 1.20 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1. Page 47 of 143 Date: 3/4/2024 Approval of Professional Services Agreement with Ehlers Proposed Action Staff recommends adoption of the following motion: Move to approve a Professional Services Agreement with Ehlers to prepare an Economic Development Strategic Plan Overview On January 22, 2024, city staff prepared a request for proposal for an Economic Development Strategic Plan Update and received three proposals. After review and scoring of the proposals, Ehlers was selected to best meet the needs of the city. Ehlers has extensive experience working on similar projects in comparable sized communities to Lakeville. This effort will include stakeholder engagement over the course of several meetings with the Economic Development Commission. Cost of the study is $14,625 which will be fully funded with 2023 CDBG funds. Supporting Information 1. DOCS-#230162-v1-PROFESSIONAL_SERVICES_AGREEMENT_EHLERS (blank) 2. A. Strategic Plan RFP 3. B. Ehlers_Lakeville Strategic Plan Proposal Financial Impact: $14,625 Budgeted: Yes Source: CDBG Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Tina Goodroad, Community Development Director Page 48 of 143 1 230162v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 4 day of March, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and EHLERS AND ASSOCIATES, INC., a Minnesota corporation (“Consultant”). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish services set forth in the Contract Documents by providing a strategic planning services as more fully detailed in the City’s Request for Proposal dated January 2024 attached as Exhibit “A”, and in Consultant’s Proposal dated February 14, 2024 attached as Exhibit “B”. The Consultant agrees to perform the services diligently and completely and in accordance with professional standards of conduct and performance. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Professional Services Agreement. B. City’s Request for Proposal dated January 2024. C. Consultant’s Proposal dated February, 14, 2024. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with the document listed first having the first priority and the document listed last having the last priority. 3. TERM/COMPLETION DATE. Consultant’s services shall commence immediately upon receipt of written notice to proceed from the City. Work will occur in accordance with the Contract Documents and Consultant will cooperatively work in coordination with the City’s Project Management Team. Consultant shall complete Work by August 30, 2024. 4. COMPENSATION. The City shall pay Consultant for the Work in a not to exceed amount of $14,625, inclusive of all reimburseables, expenses, taxes and other charges. Consultant shall request payment for services upon final completion of the work identified in the Proposal. The City shall make payment to Consultant within thirty-five (35) days of receipt of an invoice. 5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 6. OWNERSHIP. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. The City shall be the copyright owner. Page 49 of 143 2 230162v1 7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 8. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. Consultant shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and/or omissions on the part of Consultant without additional compensation. 9. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided by Consultant herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising from the performance of Consultant hereunder. 10. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2,000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability policy and umbrella policy. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) aggregate with a deductible maximum of One Hundred Twenty-Five Thousand Dollars ($125,000). Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer’s intention to cancel this insurance. 11. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is Page 50 of 143 3 230162v1 not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 12. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of One Hundred and no/100ths ($100.00) Dollars or more is Ten and no/100ths ($10.00) Dollars. 13. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 14. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 15. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright, patent or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 16.PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed Page 51 of 143 4 230162v1 with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 17. RECORDS. Consultant shall maintain complete and accurate records of expenses involved in the performance of services. 18. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 19. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 20. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 21. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery, or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Attention: City Administrator CONSULTANT: Ehlers and Associates, Inc. 3060 Centre Point Drive Roseville, MN 55113 Attention: Stacie Kvilvang Either party may change the designated recipient of notice by so notifying the other party in writing. 22. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all Page 52 of 143 5 230162v1 subcontracts entered into for the performance of this contract. 23. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Consultant. In the event of termination, the City shall pay the Consultant for completed work. Dated: __________________, 2024.CITY OF LAKEVILLE By: _______________________________ Luke M. Hellier, Mayor And: ________________________________ Ann Orlofsky, City Clerk Dated: __________________, 2024. CONSULTANT: EHLERS AND ASSOCIATES, INC. By: _________________________________ Print Name:__________________________ Its _______________________[title] Page 53 of 143 6 230162v1 EXHIBIT “A” [Insert City of Lakeville’s RFP] Page 54 of 143 7 230162v1 EXHIBIT “B” [Insert Ehlers’ Proposal] Page 55 of 143 1 REQUEST FOR PROPOSALS (RFP) 2024-2028 Economic Development Strategic Plan for the City of Lakeville Client: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RFP Deadline: February 14, 2024 Study Deadline: June 30, 2024 Background: The City of Lakeville is a third-ring suburb located in Dakota County with a current population of approximately 75,000. The city has been the fastest growing city in the Twin Cities for the past ten years and has experienced considerable commercial and industrial growth the past 8 years. Lakeville is home to 1,531 businesses and 21,291 jobs. Lakeville has a vibrant and historical downtown, vast park and trail systems with unique amenities plus playfield complexes and arenas that host tournaments year- round. The City is proud to have a strong working relationship with the Lakeville Chamber of Commerce which affords positive connections to our business community. The City Council approved funding for an update to the Economic Development Strategic Plan at the January 17, 2023, City Council meeting and has allocated CDBG funds for this effort. An estimated project budget of $15,000 has been established. The purpose of the strategic plan is to assist city and community leaders to examine the current state of economic development, determine a desired future state, establish priorities, and define a set of actions to achieve specific outcomes. Study Purpose: The City of Lakeville is seeking assistance to facilitate a strategic planning effort that will result in an updated Economic Development Strategic Plan to guide future economic development activity in the city for the next five years. The previous plan, approved February 2020, has been used as a guide for economic development strategic priorities and EXHIBIT A Page 56 of 143 2 initiatives for the past three years. The updated Economic Development Strategic Plan will guide priorities and work plans for the Community Development Department. Scope of Service: The proposed 2024-2028 Economic Development Strategic Plan, at a minimum, must review and make recommendations on the following topics and issues: 1. Conduct an economic development SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis. 2. Review and make recommendations based on the Envision Lakeville community visioning document. 3. Review 2023 National Business Survey results. 4. Review the current Economic Development Strategic Plan. 5. Provide a baseline assessment of regional and local demographic and economic data. 6. Research of market trends and growing industries that Lakeville’s commercial, downtown and industrial areas may benefit from. 7. Identify comparable market cities and conduct a peer review of economic development initiatives. 8. Identify financial incentives that Lakeville should consider to support existing and new businesses. 9. Work with the Economic Development Commission and city staff to identify successes, challenges, strategic priorities, key outcome indicators, strategic initiatives, and actions to accomplish the new goals. There will be a requirement to facilitate at least two, but no more than three, meetings with the Economic Development Commission (EDC) during the research and visioning phase of the strategic plan process. A joint meeting with the EDC, Planning Commission and City Council may also be scheduled. The EDC Commission and City Council will have the opportunity to provide input on the proposed plan before adoption. Existing Reports: The following studies, plans and reports can be reviewed and incorporated, as needed, into the 2024-2028 economic Development Strategic Plan:  2020-2023 Economic Development Strategic Plan (Available on LakevilleBusiness.com) Page 57 of 143 3  Information from the 2040 City of Lakeville Comprehensive Land Use Plan (Available on LakevilleMN.gov)  2018 Downtown Development Guide Update (Available on LakevilleBusiness.com)  2023 Envision Lakeville update (Available on LakevilleMN.gov) Proposal: A written proposal submitted to the City shall include the following information: Letter of Transmittal. Address the letter of transmittal to the address set forth on the cover page of this RFP and include, at a minimum, the following: a. Identification of the offering firm, including business name, address, and telephone number; b. Acknowledgment of receipt of RFP addenda, if any; c. Name, title, address, telephone, and email address of contact person during period of proposal evaluation; d. A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal; and e. Signature of a person authorized to bind the offering firm to the terms of the proposal. Qualifications & Experience. Identify similar projects undertaken by the firm within the last five (5) years. For each project, provide the client’s name, address and telephone number for a contact person currently available who is familiar with the firm’s performance on each study listed. The contact person should be familiar with the firm’s key personnel as references may be contacted. Key Personnel. Identify key personnel that will be involved in facilitating the strategic planning process, provide a résumé, and include in the project manager’s résumé a summary of experience with similar studies or plans. Work Plan & Budget. The proposal should demonstrate the proposer’s understanding of project goals. The proposal must include a clear description of the methods or process to be used to complete the scope of services. In addition, a project schedule should detail tasks, timelines and work products. The proposer Page 58 of 143 4 should provide a detailed budget for the study within four (4) categories:  Data collection and compilation  Findings, priorities,4and recommendations  Meetings and presentations (describe type, number and location) Provide overall cost information as follows: a. Professional fees including hourly rates and number of hours worked by person; b. Direct expenses (equipment, supplies, etc.); c. Contract labor; d. Travel and lodging; and e. Other as appropriate. Conflict of Interest. The proposer must identify any potential conflict of interest it may have providing the services contemplated by this RFP. Evaluation: Proposals will be evaluated on the following factors. The City has the right to reject any or all proposals without explanation. Experience of Firm(s)  The comprehensiveness, appropriateness, and quality of experience of the member firms;  Response of references; and  The presence of the appropriate disciplines. Experience of Personnel  Level of effort and participation of key personnel;  Experience, education, and qualifications of key personnel with similar roles and projects;  Experience and interpersonal skills of project manager;  Demonstrated ability to successfully lead the project; and  Access/availability of project manager and key personnel. Work Plan for Scope of Services  Completeness and clarity of proposal;  Scope of work approach, timing, and substance;  Understanding the study objective and work tasks;  Proposed level of detail, documentation, and back-up material; and Page 59 of 143 5  Ability to complete the study in a timely manner. Cost Allocation  Cost relative to proposed level of effort and products;  Allocation of resources among work tasks (including person-hours);  Ability to perform the study within budget; and  Reasonableness of costs. Other Factors  Any other factors deemed relevant by the City. Deadline: Proposals must be submitted electronically or directly to the city no later than 4:30 p.m. on Friday, February 14, 2024. Tina Goodroad, AICP Community Development Director City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 E-mail: tgoodroad@lakevillemn.gov The City of Lakeville intends to review all proposals and execute a contract by March 4, 2024. Further information may be obtained from Tina Goodroad by email or by calling 952-985-4421. Page 60 of 143 PROPOSAL TO PROVIDE STRATEGIC PLANNING SERVICES TO: Ehlers 3060 Centre Point Drive Roseville, MN 55113 Municipal Advisor Registration Number: K0165 SEC CIK Number: 0001604197 ehlers-inc.com The City of Lakeville, Minnesota FEBRUARY 14, 2024 EHLERS ADVISORS: Jason Aarsvold Senior Municipal Advisor jaarsvold@ehlers-inc.com 651-697-8512 Keith Dahl Municipal Advisor kdahl@ehlers-inc.com 651-697-8595 EXHIBIT B Page 61 of 143 TABLE OF CONTENTS LETTER OF TRANSMITTAL 3 QUALIFICATIONS & EXPERIENCE 4 KEY PERSONNEL 5 WORK PLAN & BUDGET 6 CONFLICT OF INTEREST 9 PROPOSAL AGREEMENT 10 Page 62 of 143 February 14, 2024 Tina Goodroad Community Development Director 20195 Holyoke Avenue Lakeville, MN 55044 RE: Proposal for Strategic Planning Services for the City of Lakeville Dear Ms. Goodroad, We are excited to present this proposal to provide economic development strategic planning services for the City of Lakeville. Preparing an actionable plan that is focused on key community objectives and manageability from both time (for staff and elected officials) and funding perspectives is critical to success. Ehlers’ strategic planning services will help your community prepare a practical, realistic plan centered on the following foundational elements: »Identifying the major challenges and opportunities for continued community success »Establishing a framework for a strategic planning process that will permit key officials to shape a practical, achievable plan within a short time period »Creating a strategic planning document with tactics, assignments, resources and time requirements for a manageable set of goals Jason Aarsvold and Keith Dahl will facilitate the strategic planning process, bringing over 30 years of combined experience in direct, hands-on economic development work. What sets us apart from other firms is that we provide strategic plans that aren’t simply policy documents, but actual roadmaps and work plans to achieve the stated goals. These living documents are intended to promote action and include timelines for performance and success. In addition, our technical economic development expertise provides guidance on policy and program development, best practices, and funding options that are critical to implementing any economic development strategy. Thank you for including Ehlers in this RFP process. We look forward to the opportunity to work with you and the City of Lakeville. Please feel free to contact us with any questions. We note that this proposal will remain valid for a period of no less than 120 days from the date of submittal. Firm identification and contact information is located on the cover page of the proposal. Sincerely, Jason Aarsvold Senior Municipal Advisor jaarsvold@ehlers-inc.com 651-697-8512 Keith Dahl Municipal Advisor kdahl@ehlers-inc.com 651-697-8595 Page 63 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 4 Qualifications & Experience Per the requirements of the City’s RFP, Ehlers offers the following similar projects, along with references, to demonstrate our qualifications and experience with this type of work. The City of Burnsville, Minnesota Economic Development Strategic Plan Jeff Thomson Community Development Director 100 Civic Center Parkway | Burnsville, MN 55337 (952) 895-4467 The City of Roseville, Minnesota Business Subsidy Criteria & Public Assistance Policy Jeanne Kelsey Housing & Economic Development Program Manager 2660 Civic Center Drive | Roseville, MN 55113 (651) 792-7086 The City of Dayton, Minnesota Economic Development Strategic Plan Zach Doud City Administrator 12260 S Diamond Lake Rd | Dayton, MN 55327 (763) 323-4010 QUALIFICATIONS & EXPERIENCE Page 64 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 5 Key Personnel Ehlers proposes the following professional team to fulfill the City’s needs as stated in the RFP’s Scope of Services: Professional biographies for each team member follow below: KEY PERSONNEL MUNICIPAL ADVISORS Jason Aarsvold Senior Municipal Advisor Project Manager Keith Dahl Senior Municipal Advisor Project Research & Analysis Jason Aarsvold Senior Municipal Advisor Jason has more than 20 years of municipal development and finance experience, including direct local government experience. He has analyzed and negotiated some of the most complicated economic development and redevelopment projects in Minnesota, navigating complex financial issues and creating new, innovative community solutions. One of Jason’s greatest attributes is his ability to demystify the complexities of the economic development process for his clients. He unites community leaders, developers and residents, guiding them through program development with his strong market knowledge and public finance expertise. Specific to the Scope of Services for this engagement, Jason has worked with several EDAs and City Councils to set strategic priorities, prepare policies and programs for implementation, and execute on objectives to achieve a broad range of community development goals. See Jason’s full biography. Keith Dahl Municipal Advisor Keith joined Ehlers in 2019 and currently serves as a Municipal Advisor with our Minnesota Municipal Finance Team. His prior direct experience in local government, economic development and housing development gives him keen insight into the opportunities and challenges his client communities face. Keith displays a strong understanding of public financial assistance and is able to distill complex information into easy-to-understand terms. See Keith’s full biography. Page 65 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 6 Work Plan & Budget After a thorough review of the City’s RFP and existing reports, Ehlers has a clear understanding of Lakeville’s four key priorities and the measurable goals to benchmark progress against them. We intend to help the City evolve the 2020-2023 Strategic Plan to account for present-day and forecasted future needs, challenges and opportunities relative to: »Business retention, expansion and diversification »Community brand awareness, competitive benchmarks and infrastructure to attract development »Housing that stimulates commercial development and supports job base »Workforce optimization to ensure job availability meets demand and existing jobs match available skill sets We’ll use a well-tested, yet flexible approach to gather information, conduct research and analysis, and develop and refine the plan. Our Facilitation Approach Have fun! »Foster an environment where people want to participate and they can speak freely »Build strong relationships amongst EDC commissioners and between EDC commissioners and staff »Demonstrate that everyone has the same interest, which leads to betterment of the community Establish ground rules and obtain group consensus to follow those rules. »Agree to standard ground rules (behavioral, acknowledgement for speaking, etc.) »Incorporate time limits on comments (critical in order to get through all material in the allotted time frame) Review Ehlers/staff prepared material (base community characteristics) and facilitate discussion. »Encourage participation and thoughtful discussion from all attendees »Ask questions to help participants think differently »Help participants understand different points of view as needed »Foster solutions that incorporate diverse points of view »Obtain consensus on each issue/item before moving to next (summarize group consensus) WORK PLAN & BUDGET Page 66 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 7 Manage time effectively. »Drive discussions forward by keeping members focused on issues/items and removing roadblocks Record comments and facilitate consensus on work product from the strategic planning sessions. »Clearly show thoughts/ideas/perspectives and consensus reached »Have “parking lot” sheet to set aside issues that may need to be discussed further at a future meeting because they cannot be resolved during the allotted time-frame Work Plan & Budget Ehlers anticipates a minimum of two (2) meetings for planning purposes with the Economic Development Commission (EDC) and joint meeting with EDC, Planning Commission, and City Council. Ehlers proposes to complete this work for an amount not to exceed $14,625. We will not bill the City for any other expenses. Included below is a proposed scope of work and process for creation of Lakeville’s Economic Development Strategic Plan. We intend to complete the scope of work by August 30, 2024. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK WORK PLAN & BUDGET Page 67 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 8 Step Scope of Work Estimated Time & Cost Data Collection and Compilation »Meet with City Staff to review community and planning issues and discuss process timeline »Review existing plans and studies »Facilitate initial meeting with EDC to discuss process and expectations * Overview of community context and data for level setting purposes »Conduct telephone interviews with EDC members (30 minutes each) 15 Hours Meetings and Presentations »Facilitate up to three strategic planning sessions with EDC members and City Staff »Facilitate joint meeting with EDC, Planning Commission, and City Council »Identify key themes and development objectives for inclusion in the strategic plan »Build consensus around goals and objectives for inclusion in the Plan. 20 Hours Strategic Plan Preparation »Prepare an Economic Development Strategic Plan Document that includes: * Short, mid and long-terms goals * Specific tasks and a work plan designed to accomplish the stated goals * Recommended programs and policies for advancement of the Plan * Identification of funding sources and other tools »Meet with City Staff to review and refine summary 26 Hours Plan Presentation »Present Final Plan to EDA and City Council, then revise and refine as necessary 4 Hours Total Hours 65 Hours Total Cost @ $225/Hour $14,625 WORK PLAN & BUDGET Page 68 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 9 Conflict of Interest Ehlers has no known material or potential conflicts of interest. CONFLICT OF INTEREST Page 69 of 143 Proposal to the City of Lakeville, Minnesota Submitted by Ehlers - February 14, 2024 10 Proposal Agreement Ehlers and the City of Lakeville agree to the scope of work, not-to-exceed budget, and completion timeline detailed in this proposal. Ehlers: Signature: Date: February 26, 2024 Jason Aarsvold Senior Municipal Advisor The City of Lakeville: Signature: Date: Tina Goodroad, AICP Community Development Director PROPOSAL AGREEMENT Page 70 of 143 Date: 3/4/2024 Contract for tree planting in city parks and right-of-way Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Friedges Landscaping, Inc for tree planting in city parks and right-of-way. Overview Tree planting services are planned to replace public ash trees removed over the past year as part of the City’s EAB management plan and for trees removed during general maintenance operations. Tree planting in the spring will focus on Ipava Avenue, Kensington Boulevard, 179th Street, and in seven parks. A total of 122 trees are planned for planting under this contract. The work also includes installation of water bags and watering services for the duration of the 2024 growing season. The city requested proposals from three contractors for tree planting operations. Three proposals were received as follows: • Friedges Landscaping $84,895.00 • Hoffman and McNamara $95,975.00 • Davey Tree Expert Company $99,365.00 Friedges Landscaping proposal met the requirements of the contract as outlined and provided the most cost-effective pricing. Staff recommends approval of the contract with Friedges Landscaping, Inc. Supporting Information 1. Contract Financial Impact: $84,895.00 Budgeted: Yes Source: Forestry Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 71 of 143 1 CONTRACT FOR SERVICES THIS AGREEMENT made this 4th day of March 2024, by and between the CITY OF LAKEVILLE , hereinafter referred to as the “City”, and FRIEDGES LANDSCAPING, INC., hereinafter referred to as the “Contractor”. THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but generally consists of tree planting and watering services within the City’s 2024 Tree Planting locations. The Contractor agrees to perform the services as detailed in the Contract Documents. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This document entitled “Contract for Services”. B. Tree Planting Request for Proposal dated January 29th, 2024. C. General and Technical City Specifications D. Contractor’s Proposal If there is a conflict among the provisions of the Contract, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "D" having the last priority. 3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. 4. PAYMENT. A. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted for completion of work in accordance with the contract documents, inclusive of taxes, if any. City shall make 95% progress payments on the Contract Price on the basis of approved Contractor invoices for work completed provided the work is commensurate with the percentage of work completed. Upon final completion of the work require under the Contract and acceptance by the City, the City shall pay the remainder of the Contract Price as recommended by the City Forester. B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid Page 72 of 143 2 on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. 5. INDEMNIFICATION. A. The Contractor shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) with respect to: (a) Worker’s Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor’s subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a Contractor or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of or is in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third-parties at the work site, where the claim is based in the whole or in any part on, or is in any way related to, any act or omission by Contractor, or Contractor’s subcontractors, agents, employees or delegates. B. Contractor shall agree that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Contractor to furnish a written acceptance of tender of defense and indemnity from Contractor’s insurance company. Contractor will take the action required by City within fifteen (15) days of receiving notice from City. 6. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded by any of them under the Contract, nor shall any Page 73 of 143 3 such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7. GOVERNING LAW. The Contract shall be governed by the laws of the State of Minnesota. 8. INSURANCE. Suppliers shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional named insured on a primary and non-contributory basis by endorsement. The Supplier shall furnish the City a certificate of insurance satisfactory to the Owner evidencing the required coverage: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Except as provided below, Contractor must provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation insurance or if the Contractor has no employees in the City, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Page 74 of 143 4 Workers’ Compensation requirements. If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor must comply with the Workers’ Compensation insurance requirements herein and provide the City with a certificate of insurance. Professional/Technical (Errors and Omissions) Liability Insurance This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract. Contractor is required to carry the following minimum limits: $1,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the City. If the Contractor desires authority from the City to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the City can ascertain the ability of the Contractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. All insurance policies (or riders) required by this Agreement shall be (i) Taken out by the Contractor and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota; (ii) Shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to Contractor as an insured party and to City as an additional insured at least thirty (30) days before cancellation or revision becomes effective or ten (10) days’ notice for non-payment of premium; Page 75 of 143 5 (iii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance . ; (iv) Shall be in accordance with specifications approved by the insurance advisory for City; and (v) Shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. Certificates of Insurance that do not meet these requirements will not be accepted. 9. TERM. The term of this Contract shall be from the effective date of the executed contract to the completion of all work contemplated by the contract or November 29 th, 2024 , unless sooner terminated as hereinafter provided. 10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor’s performance of this Contract. 11. TRAFFIC CONTROL. The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular, pedestrian, and bicycle traffic through the Project during the life of the Contract from the start of Contract operations to the final completion thereof. All traffic control devices shall conform and be installed in accordance with the “Minnesota Manual on Uniform Traffic Control Devices” (MN MUTCD) and Part 6, “Field Manual for Temporary Traffic Control Zone Layouts,” the “Guide to Establishing Speed Limits in Highway Work Zones,” the Minnesota Flagging Handbook, the provisions of MnDOT 1404 and 1710, the Minnesota Standard Sign Manual, the Traffic Engineering Manual, and these special provisions. 12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole discretion to terminate this Contract at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Contractor written notice of termination and upon receipt of same, Contractor shall immediately cease and desist Contractor’s provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Contractor except for compensation due and owing for services prior to Contractor’s receipt of the written notice of termination. 13. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while engaged in carrying out and complying with the terms and conditions of this Contract and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Contractor further agree that Contractor shall not at any time or in any manner represent that Contractor or any of the Contractor’s agents or employees are in any manner agents or employees of the City. City and Contractor further agree that Contractor shall be exclusively responsible under this Contract for Contractor’s own FICA payment, workers compensation payments, unemployment compensation Page 76 of 143 6 payments, withholding amounts, and/or self-employment taxes or other taxes if any such payments, amounts, or taxes are required to be paid by law or regulations. 14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Contractor in accordance with this Contract shall be hand delivered or mailed by registered or certified mail to the following address: CITY: VENDOR: 15. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this Contract by Contractor shall not operate or be construed as a waiver of a subsequent default by the Contractor. No waiver shall be valid unless in writing and signed by the Mayor and the City Administrator on behalf of the City. 16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the services to be rendered by the Contractor under this Contract are unique and personal. Accordingly, the Contractor may not assign or subcontract out any of the Contractor’s rights or any of the Contractor’s duties or obligations under this Contract. 17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 18. DATA PRACTICES/RECORDS. A. All data created, collected, received, maintained, or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents, and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 19. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship which may develop in any part of the contracted service, and upon proper City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 Attn: City Administrator Friedges Landscaping, Inc. 9380 202nd St W Lakeville, MN 55044 Page 77 of 143 7 notification by the City shall remedy, without cost to the City, any such faulty work and damage done by reason of the same in accordance with the proposal specifications. 20. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the work involved. Changes in the Contract Price shall be based on the Proposal Prices 21. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement between the parties and no oral statement or representation or prior written matter not contained in this instrument shall have any force and effect. This Contract shall not be modified in any way except by writing executed by both parties. 22. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that states: Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material Contractor or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent the person or persons from the performance of work under any contract on account of race, creed, or color; Subsection C. That a violation of this section is a misdemeanor; and Subsection D. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 23. BACKGROUND CHECKS. The City may require criminal history background checks of the Contractor’s employee’s for purposes of access to City facilities. The City reserves the right to deny access to City facilities to those Contractors or Contractor’s employees that it deems inappropriate. Page 78 of 143 8 CITY OF LAKEVILLE BY: _____________________________ Luke M. Hellier, Mayor AND: _____________________________ Ann Orlofsky, City Clerk CONTRACTOR: FRIEDGES LANDSCAPING, INC.__ BY: ______________________________ PRINT NAME: _______________________ ITS: _______________________________ Justin Friedges Project Manager Page 79 of 143 Date: 3/4/2024 Resignation from the Economic Development Commission Proposed Action Staff recommends adoption of the following motion: Move to accept the resignation of Sara Lundberg from the Economic Development Commission. Overview Sara Lundberg was appointed to the Economic Development Commission (EDC) in April 2022 to a three-year term. Ms. Lundberg recently contacted Community Development staff to resign from her position on the EDC, effective immediately. Adoption of this motion will create an opening on the EDC to be filled in April. Supporting Information 1. Sara Lundberg resignation email 2.27.24 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Kati Bachmayer, Economic Development Manager Page 80 of 143 -----Original Message----- From: Sara Lundberg <sara.firanek@live.com> Sent: Tuesday, February 27, 2024 11:00 AM To: Bachmayer, Kati <kbachmayer@lakevillemn.gov> Subject: EDC Hi Kati, This was a hard and unfortunate decision I need to make but due to heath issues that are taking up more time than I’d like to admit, I need to vacate my position with the EDC. I really apologize and this decision was not made lightly. Sara Sent from my iPhone Page 81 of 143 Date: 3/4/2024 Resolution Calling a Public Hearing on Proposed Assessments for City Improvement Project 24-02 Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution calling a public hearing on proposed assessments for the 2024 Street Reconstruction Project, City Project 24-02. Overview On November 20, 2023, the Lakeville City Council held a public hearing on the 2024 Street Reconstruction Project (City Project 24-02), including estimated pending assessment amounts. At the conclusion of the hearing, the City Council ordered the improvement and authorized the preparation of plans and specifications. On January 16, 2024 the City Council approved the plans and specifications and authorized an advertisement for bids. On February 20, 2024, a bid opening was held and three bids were received. The bids ranged from a low bid of $4,424,881.30 to a high bid of $4,743,715.28. A neighborhood meeting is planned to be held on March 27th, 2024 prior to the assessment hearing. Supporting Information 1. Resolution Financial Impact: $4,852,901.73 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 82 of 143 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Calling a Public Hearing on Proposed Assessments for City Improvement Project 24-02 WHEREAS, pursuant to the direction of the City Council, the City Clerk prepared a proposed assessment roll on the cost of City Project 24-02 to include portions of roads located within the following developments and lands: Rock Ridge First/Second Addition; Wyldewood Oaks; and Raven Lake First/Second/Third Addition; St. Frances Woods 7th Addition. Woodridge Estates, Warweg Addition, Antlers Park, Lenihans Lot Antlers Park, Bentson Addition, Village Creek First Addition, Berres Addition, Barrett First Addition, City Project 24-02. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. A hearing shall be held on Monday, April 1, 2024 at the Lakeville Council Chambers, 20195 Holyoke Avenue, at 6:00 p.m. or as soon thereafter as the matter can be heard to pass upon such proposed assessment and, at such time and place, all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Lakeville, except that no interest shall be charged if the entire assessment is paid on or before November 15, 2024. The first-year installment payments will include interest accrued from November 16, 2024 – December 31, 2024. The property owner may at any time thereafter, pay to the City of Lakeville the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED by the Lakeville City Council this 4th day of March 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 83 of 143 Date: 3/4/2024 Estoria Lakeville Final Plat Extension Proposed Action Staff recommends adoption of the following motion: Move to approve an extension for the Estoria Lakeville final plat. Overview Ebenezer Development, Inc. has requested an extension to the final plat recording deadline. The Estoria Lakeville final plat was approved on April 3, 2023. On June 20, 2023, an extension of the final plat recording deadline to October 17, 2023 was granted, and on October 2, 2023, an additional extension to the final plat recording deadline was granted. According to the attached extension request, Ebenezer states that the project is nearing the HUD pre-sale requirement and the sales team is working with potential buyers, many of whom were south for the winter. The request is to extend the final plat recording deadline to August 6, 2024. The Developer feels confident that the project will be able to move forward prior to that date. Community Development Department staff supports this request. Supporting Information 1. Estoria Lakeville Extension Request Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 84 of 143 From:joshua cowman To:Jenson, Kris Cc:Willett, Todd T; walstonj@ballardspahr.com Subject:Estoria Lakeville extension request Date:Wednesday, February 28, 2024 9:50:59 AM Hi Kris – Per our recent conversations on this matter please consider this email communication as our formal request for extension on the filings for the Estoria Cooperative project. We remain excited about the project and the sales team is working incredibly hard and getting closer by the day to achieving our HUD pre-sale requirement. That said, we simply need more time. The time spent battling against construction cost inflation put the sales team in a situation where they were having to conduct sale subscriptions when many of our potential buyers were south for the winter. Momentum has picked back up as those same buyers begin to return. In light of the above we’d request extension to August 6th, 2024. Thank you, Josh Cowman Owner | Builder Pella, Iowa | 641.780.5970 | josh@leapdevelopment.co Page 85 of 143 Date: 3/4/2024 Caslano Second Addition final plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Caslano Second Addition final plat. Overview U.S. Home, LLC, d/b/a Lennar has submitted a final plat application for 60 single family lots, on 19.61 acres of land located north of 185th Street (CSAH 60) and west of Highview Avenue. The Caslano preliminary plat of 221 single family lots was approved by the City Council on December 20, 2021. The Caslano final plat of 94 single family lots was approved by the City Council on July 5, 2022. The Caslano Second Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. Supporting Information 1. Final Plat Resolution 2. Development Contract 3. Planning and Engineering reports Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 86 of 143 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-______ RESOLUTION APPROVING THE FINAL PLAT OF CASLANO SECOND ADDITION WHEREAS, the owner of the property described as CASLANO SECOND ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The CASLANO SECOND ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. Page 87 of 143 2 ADOPTED by the Lakeville City Council this 4th day of March 2024. CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 24-____is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 4th day of March 2024 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 88 of 143 229410v5 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) CASLANO SECOND ADDITION CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for CASLANO SECOND ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlots B and D, Caslano, Dakota County, Minnesota, according to the recorded plat thereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, Page 89 of 143 229410v5 public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within four (4) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council Page 90 of 143 229410v5 approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field Page 91 of 143 229410v5 inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer ’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls Page 92 of 143 229410v5 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by August 31, 2025, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer Page 93 of 143 229410v5 does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins and along the creeks and wetlands within the buffer areas. Redundant silt fence is required along all wetlands and waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developer. The MS4 Administration Fee was collected on the parent parcels with the Caslano final plat. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced Page 94 of 143 229410v5 development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as- built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. Caslano Second Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. Page 95 of 143 229410v5 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation and as-built record drawing preparation performed by the City’s in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. 19. STORM SEWER. The Developer shall install public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to public stormwater management basins located with Outlot A, and Outlot C, Caslano. Draintile construction is required in areas of non-granular soils within Caslano Second Addition for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s responsibility to install and finance. The Developer is eligible for a $1,920 credit (actual costs incurred) to the Storm Sewer Charge for engineering expenses incurred to address storm sewer revisions along Huntley Trail and Basin E necessitated by City Project 24-04. The Storm Sewer Charge has not been collected on the parent parcels and will be collected from the Developer with the final plat, calculated as follows: Page 96 of 143 229410v5 Storm Sewer Charge Summary Gross Area of Caslano Second Addition 854,169 s.f. Less Area of Outlot A (Wetland, Buffer) (-) 56,901 s.f. Total Storm Sewer Charge Area = 797,268 s.f. 797,268 s.f. x $0.178/s.f. = $141,913.70 Net Area Caslano Second Addition 2024 Unit Rate Storm Sewer Charge Caslano Second Addition The Developer is eligible for credit to the Storm Sewer Charge for deeding Outlot A (wetlands and buffer) to the City, calculated as follows: 1.31 acres x $5,500/acre = $7,205.00 Area of Outlot A Caslano Second Addition Unit Rate Credit to Storm Sewer Charge Caslano Second Addition Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Developer shall construct and extend 8-inch sanitary sewer within the subdivision from an existing stub located within Huntley Trail, north of the 185th Street intersection. Sanitary sewer was constructed by the City in 2023 (City Project 24-04) in partnership with Lennar and Independent School District 194. The Developer shall reimburse the City $196,847.80 for its share of the sanitary sewer improvements associated with Caslano Second Addition with the final plat. The Developer shall reimburse the City $113,536.00 for its share of the sanitary sewer improvements associated with future additions of the Caslano preliminary plat at the time Outlot F, Caslano is final platted into lots and blocks. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer with the final plat. The fee is based on the rate in effect at the time of final plat approval, and calculated as follows: 60 units x $327.00 = $19,620.00 Total Units Caslano Second Addition 2024 Unit Rate Sanitary Sewer Availability Charge Caslano Second Addition 21. WATERMAIN. The Developer shall construct and extend 8-inch watermain within the subdivision from existing stubs located within a) Huntley Trail, north of the 185th Street intersection, b) Page 97 of 143 229410v5 Huntley Trail, south of the Hideaway Trail intersection, and c) Hornby Drive, south of the Hideaway Trail intersection. Watermain was constructed by the City in 2023 (City Project 24-04) in partnership with Lennar and Independent School District 194. The Developer shall reimburse the City $79,094.85 for its share of the watermain improvements associated with Caslano Second Addition with the final plat. The Developer shall reimburse the City $110,577.77 for its share of the watermain improvements associated with future additions of the Caslano preliminary plat at the time Outlot F, Caslano is final platted into lots and blocks. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction is restricted to the 185th Street and Huntley Trail intersection. 23. 185TH STREET (DAKOTA COUNTY STATE AID HIGHWAY NO. 60) IMPROVEMENTS. The Developer shall reimburse the City for its share of the costs of 185th Street roadway improvements associated with Caslano Second Addition with the final plat. The Developer’s cost share for City Project 24-04 roadway improvements is $302,250.00. The Developer shall reimburse the City $313,875.00 for its share of the costs of 185th Street roadway improvements associated with future additions of the Caslano preliminary plat at the time Outlot F, Caslano is final platted into lots and blocks. 24. HUNTLEY TRAIL IMPROVEMENTS. The Developer shall reimburse the City for its share of the costs of Huntley Trail roadway improvements associated with Caslano Second Addition with the final plat. The Developer’s cost share for City Project 24-04 roadway improvements is $54,419.65. The Developer shall reimburse the City $205,666.38 for its share of the costs of Huntley Trail roadway improvements associated with future additions of the Caslano preliminary plat at the time Outlot F, Caslano is final platted into lots and blocks. 25. PARKS, TRAILS, AND SIDEWALKS. The Developer shall construct a public trail within Outlot B and King Park. The Developer is eligible for a $4,065.00 credit (100% of estimated trail construction costs) to the Park Dedication Fee for the trail within Outlot B and King Park. The Developer shall construct a public parking lot (approximately sixty stalls) within Outlot A and King Park. The City shall reimburse the Developer the actual costs for the design and construction of the parking lot and associated trail connection. The City shall reimburse the Developer upon completion and Page 98 of 143 229410v5 final acceptance of the improvements. The estimated reimbursement ranges between $175,000.00 and $250,000.00. The Developer shall install five-foot wide concrete sidewalks, with pedestrian curb ramps, along one side of all local streets. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution by the Developer with the final plat. The Park Dedication is calculated as follows: 60 units x $5,774.00 = $346,440.00 Total Units Caslano Second Addition 2024 Unit Rate Park Dedication Fee Caslano Second Addition 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee in the amount of $3,725.00 for traffic control signs which is due at the time of final plat approval. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final plat, calculated as follows: 60 units x $40.48/unit = $2,428.80 Total Units Caslano Second Addition 2024 Rate Streetlight Operating Fee Caslano Second Addition 27. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one- year of environmental resources management expenses with the final plat, calculated as follows: 60 units x $59.16/unit = $3,549.60 Total Units Caslano Second Addition 2024 Rate Environmental Resources Fee Caslano Second Addition 28. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of- way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the Page 99 of 143 229410v5 structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $5,000.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 29. BUFFER YARD BERM/LANDSCAPE SCREEN. The Developer shall provide a buffer yard containing earth berm and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height for Lot 1, Block 5 adjacent to Highview Avenue. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. The Developer shall provide an escrow to the City in the amount of $1,000.00 with issuance of the building permit to ensure that the buffer yard is sodded to the trail along Highview Avenue. 30. WETLANDS. The wetland replacement plan for the Caslano preliminary plat was approved on August 13, 2021. No additional wetland impacts are proposed with Caslano Second Addition. The Developer is responsible for the installation of eleven Natural Area Signs along wetlands and creek buffers. Final locations must be reviewed by City staff prior to installation. Page 100 of 143 229410v5 31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the February 9, 2024, Planning Report, and February 9, 2024, revised February 29, 2024 Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by warranty deed, free and clear of any and all encumbrances. C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $6,200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 62 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. D. The Developer shall pay a cash fee for the preparation of addressing, property data, and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $5,580.00. E. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $17,000.00 and consists of thirteen (13) post-top street lights at $1,200.00 each, and one (1) mast arm light at $1,400.00 each. F. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer Page 101 of 143 229410v5 shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $2,642,462.90. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $423,757.20 B. Watermain 254,936.35 C. Storm Sewer 693,635.10 D. Streets 971,315.21 CONSTRUCTION SUB-TOTAL $2,343,643.86 OTHER COSTS: A. Developer’s Design (3.0%) $70,309.32 B. Developer’s Construction Survey (2.5%) 58,591.10 C. City Legal Expenses (Est. 0.5%) 11,718.22 D. City Construction Observation (Est. 5.0%) 117,182.19 E. Developer’s Record Drawings (0.5%) 11,718.22 F. Natural Area Signs 1,100.00 G. Landscaping 5,000.00 H. Street Lights 17,000.00 I. Lot Corners/Iron Monuments 6,200.00 OTHER COSTS SUB-TOTAL $298,819.04 TOTAL SECURITIES $2,642,462.90 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is Page 102 of 143 229410v5 provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. City Project 24-04 Roadway Improvements $356,669.65 B. Park Dedication 346,440.00 C. City Project 24-04 Sanitary Sewer Improvements 196,847.80 D. Sanitary Sewer Availability Charge 19,620.00 E. City Project 24-04 Watermain Improvements 79,094.85 F. Storm Sewer Charge 141,913.70 G. Traffic Control Signs 3,725.00 H. Street Light Operating Fee 2,428.80 I. Environmental Resources Expenses 3,549.60 J. Property Data and Asset/Infrastructure Management Fee 5,580.00 K. City Engineering Administration (3% for letters of credit) 70,309.32 CASH REQUIREMENTS SUB-TOTAL $1,226,178.72 CREDITS TO CASH REQUIREMENTS Park Dedication Credit (Outlot B/King Park Trail Construction) 4,065.00 Storm Sewer Credit (Huntley Trail Engineering Expenses) 1,920.00 Storm Sewer Credit (Outlot A) 7,205.00 CREDITS TO CASH REQUIREMENTS SUB-TOTAL $13,190.00 TOTAL CASH REQUIREMENTS $1,212,988.72 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the Page 103 of 143 229410v5 City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 35. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. Page 104 of 143 229410v5 F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 36. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 37. FORCE MAJEURE. If Developer is delayed at any time in progress of the plat by acts of God, casualty, insurrection, strikes, war, terrorism, lockouts, pandemic, governmental order (including health orders), labor disputes, adverse weather conditions which could not reasonably be anticipated, or any causes, acts, or occurrences beyond Developer’s control (financial inability excluded) (collectively, “Force Majeure Items”), then the commencement date and completion dates (without adjustment to the Development Contract sums) shall be extended for such reasonable time as the Force Majeure Items continue. 38. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. Page 105 of 143 229410v5 D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the Page 106 of 143 229410v5 form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. Page 107 of 143 229410v5 All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. Page 108 of 143 229410v5 L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16305 36th Avenue North, Suite 600, Plymouth, Minnesota 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. Page 109 of 143 229410v5 CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 110 of 143 Page 111 of 143 229410v5 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT DRP MN 1, LLC, a Delaware limited liability company, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _____ day of ____________, 2024. DRP MN 1, LLC By: ______________________________________ Brian Clauson Its: Authorized Signatory STATE OF ______________ ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2024, by Brian Clauson, the Authorized Signatory of DRP MN 1, LLC, a Delaware limited liability company, on behalf of said entity. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 112 of 143 229410v5 OPTIONEE CONSENT TO DEVELOPMENT CONTRACT U.S. HOME, LLC, a Delaware limited liability company, formerly known as U.S. HOME CORPORATION, a Delaware corporation, which holds an Optionee’s interest in the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it exercises its option pursuant to the Memorandum of Option Agreement dated February 18, 2022, and filed for record with the office of the County Recorder, Dakota County, Minnesota, on March 7, 2022, as Document No. 3528243. Dated this _____ day of ____________, 2024. U.S. HOME, LLC BY: ___________________________________________ Jon Aune Its: Vice President STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Jon Aune the Vice President of U.S. HOME, LLC, a Delaware limited liability company, on behalf of said entity. ______________________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt Page 113 of 143 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director From: Kris Jenson, Planning Manager Date: February 9, 2024 Subject: Caslano Second Addition Final Plat Application Action Deadline: March 5, 2024 INTRODUCTION U.S. Home, LLC, d/b/a Lennar, has submitted an application and plans for the final plat of Caslano Second Addition, which includes 60 single family lots located north of 185th Street (CSAH 60) and west of Highview Avenue. This is the second of three anticipated phases of the preliminary plat of 221 single family lots that was approved by the City Council on December 20, 2021. The Caslano final plat of 94 single family lots was approved by the City Council on July 5, 2022. The lot, block and street design of the Caslano Second Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Aerial Photo Map B. Approved Preliminary Plat C. Final Plat PLANNING A NALYSIS Existing Conditions. The Caslano Second Addition final plat area consists of two parcels. The parcels were previously graded with the preliminary plat. Zoning. The parcels to be platted are zoned RS-4, Single Family Residential District. Single family homes are a permitted use within the RS-4 District. Page 114 of 143 2 Lot Area. Single family lots within the RS-4 District are required to provide a minimum lot area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The area of the 60 lots in the final plat meet the minimum square footage required. Lot Width/Depth. The minimum lot width for single-family lots within the RS-4 District is 70 feet for interior lots and 85 feet for corner lots. The minimum buffer yard lot depth for those lots backing to Highview Avenue is 150 feet. All lots meet the minimum lot width/depth requirements. Setbacks. Setback requirements for single family lots in the RS-4 District are outlined below: Front Side (Interior) Side (Corner) Rear Buffer (Rear) 20 feet house 25 feet garage 7 feet 20 feet 30 feet 50 feet The proposed building pads meet the minimum setback requirements for interior and corner lots. Development Density. The Caslano Second Addition final plat consists of 60 single family lots on 19.61 acres, for a gross density of 3.06 units per acre. Removing outlots A and B leaves 3.28 acres to be developed, resulting in a net density of 9.88 units per acre. Outlots. There are two outlots proposed with the Caslano Second Addition final plat. Outlot A is 1.31 acres in area and will be deeded to the City for wetland, buffers, and a future connection to King Park. Outlot B is 0.03 acres in area and will be deeded to the City for a trail connection to King Park. Access. Caslano Second Addition will have access from Highview Avenue at Hideaway Trail and 185th Street at Huntley Trail. Streets & Right-of-Way. Caslano Second Addition is adjacent to or will include the construction of the following streets: 185th Street (CSAH 60) is located along the south plat boundary of the Caslano Second Addition final plat and is classified as a minor arterial in the Comprehensive Transportation Plan. The full right-of-way width was dedicated with the Caslano final plat. Construction of 185th Street between Dodd Boulevard (CSAH 9) and Highview Avenue was recently completed and the street opened to the public. Highview Avenue is located at the east plat boundary of the property and is classified as a major collector in the Comprehensive Transportation Plan. Turn lanes were constructed at Hideaway Trail and a roundabout was constructed at the intersection with 185th Street. A trail was also constructed along the west side of Highview Avenue from Dodd Boulevard to 185th Street. Driveway access to Highview Avenue is prohibited from Lot 1, Block 5. Page 115 of 143 3 Huntley Trail will be a 32-foot-wide residential street within a 60-foot-wide right of way with a sidewalk on the west side of the street, extended south from its current terminus just south of Hideaway Trail. Huntley Trail will provide a full access intersection with 185th Street and will ultimately be extended south adjacent to Highview Elementary School, under construction at the southeast corner of Huntley Trail and 185th Street and ultimately connect to the existing Huntley Trail in the Chokecherry Hills 4th Addition development. Hornby Drive will be a local, 32-foot-wide residential street within a 60-foot-wide right of way with a sidewalk on the east and south side of the street, that extends south from its current terminus south of Hideaway Trail. 183rd Street will be a local, 32-foot-wide residential street within a 60-foot-wide right of way that extends between Hornby Drive and Huntley Trail. There will be a sidewalk along one side of the street. Hockey Lane will be a local, 32-foot-wide residential street within a 60-foot-wide right of way that extends between 183rd Street and Hornby Drive. There will be a sidewalk along one side of the street. Trails. A trail was constructed along the west side of Highview Avenue with the first phase of the Caslano development. The Developer will construct a trail within Outlot B, which provides a connection to a trail within King Park. The Developer is eligible for a credit to the park dedication fees for Caslano Second Addition. See the February 9, 2024 Engineering memo for additional information. Buffer Yard Landscaping. One single family lot backs up to Highview Avenue and requires buffer yard landscaping. The developer is proposing two overstory trees at the rear of the lot, with additional trees proposed between the stormwater pond to the south and Highview Avenue. An escrow of $5,000 must be submitted with the final plat for the buffer yard landscaping. In addition, a $1,000 per lot escrow is required with the building permit for Lot 1, Block 5 for the installation of sod in the rear yard to the edge of the trail. Park Dedication. A cash contribution of $346,440 is required with the final plat to satisfy the Park Dedication requirement for Caslano Second Addition. Please see the February 9, 2024 engineering report for more details. Tree Preservation. Tree removal within the Caslano Second Addition plat boundary was completed in conjunction with the grading of the property, according to the tree preservation plan approved with the preliminary plat. Wetlands. A wetland delineation was completed and approved in 2021. The Developer must submit a wetland replacement plan for areas of impacts for road and utility crossings and the replacement plan must be reviewed and approved prior to any impacts or grading adjacent to the wetlands on the site. See the February 9, 2024 Engineering memo for additional information. Page 116 of 143 4 Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the February 9, 2024 engineering report. RECOMMENDATION The Caslano Second Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Community Development Department staff recommends approval of the Caslano Second Addition final plat subject to the following conditions: 1. The recommendations listed in the February 9, 2024 engineering report. 2. Outlots A and B must be deeded to the City with the Caslano Second Addition final plat. 3. Five-foot-wide concrete sidewalks shall be constructed along one side of all streets at the developer’s expense, as shown on the approved final plat plans. 4. The developer shall pay $346,440 in park dedication fees with the final plat. 5. An escrow of $5,000 must be submitted with the final plat for buffer yard landscaping of Lot 1, Block 5. 6. Lot 1, Block 5 is required to submit a $1,000 escrow with the building permit to ensure that the buffer yard is sodded to the trail along Highview Avenue. 7. Driveway access to Highview Avenue is prohibited from Lot 1, Block 5. Page 117 of 143 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community City of Lakeville Caslano Second Add Final Plat Aerial Location Map EXHIBIT A DODD BOUL EVAR D (CSAH 9 )185TH STHIGHVIEW AVE188TH ST 189TH ST 186TH ST 187TH ST 183 R D S THYDE PARK AVEHID E AWAY TRFinal Plat AreaKing Park HUXLEY AVEHIDE A WAY TR Highview Elementary 185TH ST Page 118 of 143 OUTLOT D OUTLOT E OUTLOT A OUTLOT H OUTLOT B OUTLOT C OUTLOT G OUTLOT F 1617 154 92 10131211 91415 152 151 153 101 93 94 95 96 97 98 99 100 171 164 165 166 167 168 169 200 192 178 177 176 175 174 173 172 170 132 216 215 218 219 220 221 217 206 207 208 209 8 127262524232878708079221092018234567731311087776757172 119118 117 116115114113112111110130128 122 129 107 106 147 145 150 148 146 105 104 103 120 127 126 125 124 123 121 8182 83 84 85 86 87 88 89 90 91 135 134 133 139 136 138 137 140 143 141 142 144 149 155 156 157 158 159 160 161 185 214 163 210 211 212 213 1921 65 40 53 525455565759436062515049484746454442293031323334353637383941696766646361586874 186 188 1 9 1 204 202 203 187 189 190 201 205 162 184 183 182 181 180 179 199 198 197 196 195 194 193 102 S00°18'45"E 1306.20S89°52'44"E 882.80 S01°00'25"E 2659.53N89°36'06"W 1306.28 N89°42'47"W 1334.39N00°31'33"W 1308.87S89°36'06"E 899.29 N52°46'20"E 546.97N00°46'01"W 1948.66N47°47'16"E 549.87NE CornerSec. 17-114-20Found 3" Alum DiskC.S.A.H. NO. 9See Sheet 12See Sheet 13See Sheet 14See Sheet 15See Sheet 1633Centerline C.S.A.H. No. 9(Dodd Blvd)N. Line - NE 1/4Sec. 17-114-20 E. Line - NE 1/4Sec. 17-114-20HIGHVIEW AVENUEHIGHVIEW AVENUEHIGHVIEW AVENUEHUNTLEY TRAILHUNTLEY TRAILHUNTLEY TRAILHIDEAWAY TRAIL HIDEAWAY TRAILROAD AROAD A ROAD AROAD AROAD BROAD BROAD B ROAD CROAD DROAD FROAD E ROAD ERO A D E 300' Shoreland Boundary300' Shoreland Boundary 300' Shoreland Boundary 80.0066.0060.00 60.00 300' Shoreland Boundary 60.0060.0 0 60.0060.00 300' Shoreland Boundary 60 . 0 0 300' Shoreland Boundary 300' Shoreland Boundary 50' Creek Setback 300' Shoreland Boundary 50' Creek Setback 65' Creek Setback 185TH STREET 66.0025303 PPLATDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTWITHOUT PRIOR WRITTEN CONSENT.INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,PROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYFILE LOCATION: S:\PROJECTS\25000 PROJ\25300-25399\25303 STREEFLAND PROPERTY - LENNAR - LAKEVILLE MN\25303 CIVIL-SURVEY\SURVEY PRODUCTION DRAWINGS\25303 PPLAT.DWG 1OFLAKEVILLEMINNESOTA9-KH--08/18/2121-25303---- ---- 9EXISTING LEGAL DESCRIPTION:(Per File No. NCS-1062735-MPLS)Parcel 1:The East Half of the Northeast Quarter, EXCEPT the East 33 feet thereof; and also EXCEPT that partthereof lying North and West of Dodd Road, Section 17, Township 114, Range 20, Dakota County,Minnesota, according to the Government Survey thereof.Parcel 2:The Northwest Quarter of the Southeast Quarter of Section 17, Township 114, Range 20, Dakota County,Minnesota, according to the Government Survey thereof.Parcel 3:That part of the West Half of the Northeast Quarter of Section 17, Township 114, Range 20, described asfollows to-wit: Commencing at the Southeast corner of the West Half of the Northeast Quarter of saidSection 17, thence West 440 feet, thence Northeasterly to a point on the east line of the West Half of theNortheast Quarter of said Section 17, which point is 334 feet North of the point of beginning, thence South tothe point of beginning, Dakota County, Minnesota, according to the Government survey thereof.OWNERS / DEVELOPERS: SURVEYOR:Lennar ISG16305 36th Avenue North7900 International Drive Suite 550Plymouth, MN 55446Bloomington, MN 55425(952)-426-0699EXISTING PROPERTY:ZONED:RS-3RS-4RS-4 Shoreland OverlayAREAS:OUTLOT A = 481,833 SQ. FT. = 11.06 ACRES OUTLOT B = 1,346 SQ. FT. = 0.03 ACRESOUTLOT C = 531,236 SQ. FT. = 12.20 ACRES OUTLOT D = 57,121 SQ. FT. = 1.31 ACRESOUTLOT E = 12,305 SQ. FT. = 0.28 ACRES OUTLOT F = 284,972 SQ. FT. = 6.54 ACRESOUTLOT G = 178,795 SQ. FT. = 4.10 ACRESOUTLOT H = 19,912 SQ. FT. = 0.46 ACRESRIGHT OF WAY DEDICATION:DODD BLVD = 45,570 SQ. FT. = 1.05 ACRESHIGHVIEW AVENUE = 132,979 SQ. FT. = 3.05 ACRES185TH STREET = 297,931 SQ. FT. = 6.84 ACRESESTIMATED PERCENTAGE IMPERVIOUS SURFACE AREA WITHIN 300' OF CREEK:NORTH STREAM = 1.0 ACRE (7.2%)SOUTH STREAM = 6.6 ACRES (13.6%)CASLANO 0SCALE IN FEET150 300CASLANOLENNARLIC. NO.DATEPROFESSIONAL ENGINEER UNDER THE LAWS OF THESTATE OF MINNESOTA.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION PLOT DATE: 12/13/2021 2:27 PM MARK A. SCHWANZ45817LEGENDIron Monument FoundIndicates Proposed Right of WayLocated Outside of Property BoundaryIndicates Proposed Outlot AreaLocated Outside of Property BoundarySheet Locator IndexOrientation of this bearing system is basedupon the north line of the Northeast Quarterof Section 17-114-20. Said line bears South89 degrees 52 minutes 44 seconds East.PRELIMINARY PLAT(OVERALL) 71EXHIBIT BPage 119 of 143 Δ=22°04'17"L=84.75Δ =7°56'31"L =66.53Δ=7°3 2'08"L =5 5.24 L=169.33 R=330.00 Δ=29°23'59"Δ=6°54'55"L=39.83Δ=5°36'53"L=32.3484.91 N00°46'01"W 956.77 Drainage & Utility Easement E. L i n e - N E 1 / 4 Sec. 17-T114N-R20W Drainage & Utility Easement82511223456891011127 1/2" IronRLS 4748185.09L=179.61Δ=22°02'12"L=67.35Δ=8°15'47"10603030 1N00°46'01"W 956.77 6050N89°13'41"E 130.07S86°41'51"E 246.59DRIVE 2331445111222333344445556667778889991010111213OUTLOT BH O C K E Y L A N E 183RD STREETHOCKEY LANE S66°24'11"E128.95S55°48'58"E 118.15S64°05'21"E87.35S67°10'44"E67.21S75°09'03"E47.30S79°24'43"E66.65S86°09'03"E91.00N89°02'10"E78.51=5°06'43"L=19.63 R=220.00S85°39'37"E 216.32N00°51'46"W 173.09S00°51'46"E 173.09 Δ =10°55'16"L =80.06R=420.00Δ=10°5 5'16"L =91.49R=4 80.00 S10°03'30"W121.92N10°03'30"E121.92 S10°03'30"W121.92N10°03'30"E121.92 L=222.43 R =5 5 5.0 0 Δ =2 2 °5 7 '4 7 "L=198.39 R =49 5 .0 0 Δ =2 2 °5 7 '4 7 "S12°54'17"E87.10N12°54'17"W87.10 L =8 8 .9 4R=4 2 0 .0 0Δ=1 2 °0 7 '5 8 "L =1 0 1.6 4R=4 8 0 .0 0Δ=1 2 °0 7 '5 8 "S00°46'19"E7.05N00°46'19"W8.42S06°37'28"E 138.30S77°45'39"W50.2163.55 90.0391.77S04°40'24"W 131.42Δ=11°17'52"L=65.0764.7927.43S15°58'16"W 133. 0 5Δ=11°17'52"L=65.0790.90S27 ° 1 6 ' 0 8 " W 1 2 9 . 8 9Δ=11°17'52"L=65.0768.22S3 4 ° 1 1 ' 0 2 " W 1 2 8 . 5 023.2910.6216.44S29 ° 3 7 ' 1 3 " W 1 2 8 . 8 3Δ=4°33'50"L=61.3315.1849.9364.08S23° 5 3 ' 1 6 " W 1 2 9 . 7 8Δ=5°43'56"L=77.0457.78S18°0 7 ' 1 0 " W 1 2 7 . 3 6Δ=5°46'06"L=77.526.839.009.438.01S06°25'13"W 126.63 57.6565.68S00°34'15"W 126.22Δ=5°50'58"L=78.61S89°02'08"W63.00L=20.63Δ=1°32'07"17.31Δ=3°34'28"L=51.78R=830.00S28 ° 3 2 ' 1 8 " W 92.2 4 Δ=6°36'05" L=38.02N57°23'17"W 83.34N34°11'02 " E 1 3 3 . 5 3N86°37'56"W6.37N15°38'32"E 140.85 L=87.38Δ=18°32'30"L=35.54Δ=7°32'32"S04°41'49"E 142.5490.43L=121.16 Δ =1 2 °3 0 '2 9 "N77°45'39"E50.71L=95.85Δ=20°20'21"45.34Δ=6°41'26"L=64.81N79°56'30"W 133.272.2770.00N79°56'30"W 135.14L=65.35Δ=11°20'45"N79°24'32"W 131.75L =65.96Δ=11°27'09"3.82S89°08'14"W 138.3549.65S08°31'46"W10.12N83°19'39"W 137.56L=24.82Δ=3°23'08"61.86S89°08'14"W 140.0024.82 78.85S89°08'14"W 140.00N00°51'46"W86.80 82.24 86.80N89°08'14"E 130.04S89°31'36"E 130.0859.50 S79°56'30"E 151.6055.52L=13.76Δ=1°38'34"N81°35'04"W 137.85S80°27'04"E 164.85L=4.40Δ=0°30'33"66.40 N89°40'14"E 170.18L=85.34 Δ=9°52'4 2 "L =8 5 .3 4 Δ =9 °5 2 '4 2 "N77°05'43"E 151.80N80°56'02"E 136.53L=32.16Δ=3°50'19"Δ=7°56'31"L=66.53N28 ° 3 2 ' 1 8 " E 92.2 4 Δ=5°38'08"L=81.64S20°4 9 ' 5 3 " W 1 7 6 . 6 4S89°57'14"E68.84Δ=4°41'27"L=67.95S16°08' 2 6 " W 1 4 9 . 5 2 Δ=4°41'27"L=67.95S11°26'59" W 1 3 0 . 0 8 Δ=4°41'27"L=67.95S06°45'31"W 126.6 0N79°54'42"W51.15N89°57'14"W27.64N42°56'24"W 110.62N89°02'08"E61.64N09°11'50"W 13 4 . 7 3 N0 9°1 1'50"W 1 4 7 . 1 1 N09°11'50"W 15 9 . 4 9 L=16.33Δ=3°27'57"N00°51'46"W 156.12 156.32S00°46'19"E9.50N89°57'14"W 88.53N89°57'14"W 85.68N89°57'14"W 81.72H O R N B Y N89°02'08"E 93.10L=490.77R=800.00Δ=35°08'54"S55°48'58"E38.47L=243.07R=300.00Δ=46°25'23"N77°45'39"E49.90N2 8 ° 3 2 ' 1 8 " E 1 2 1 . 7 0 L=153.94 R=300.0 0 Δ=29°24'04" N00°51'46"W 190.83 S22°29'13"W8.25L=472.36R=770.00Δ=35°08'54"L=397.38R=830.00Δ=27°25'53"L=47.90R=220.0 0Δ=12°28'3 3 " N08°31'46"E 82.78 44.6014.64S86°37'56"E 135.77S55°48'58"E38.47S55°48'58"E38.47L=218.76R=270.00Δ=46°25'23"L=267.38R=330.00Δ=46°25'23"N08°31'46"E 70.02 N08°31'46"E 105.35 7.6830.79=0°21'07" L=2.95 NE CornerSec. 17-T114N-R20WFound 3" Alum Disk50E 1/4 CornerSec. 17-T114N-R20WFound Mag NailS01°00'25"E 2659.69S48°28'48"E73.00S74°21'09"E60.29S48°28'48"E73.00N00°51'46"W 164.91 S69°46'18"E59.24S01°00'25"E 71.74S88°59'35"W39.84L=185.07 R=509.90Δ=20°47'47" L=165.00 R=380.00 Δ=24°5 2 '41"L=411.94Δ=29°30'10"L=78.83Δ=5°38'45"23.55L=6.45Δ=0°39'56"S00°51'46"E68.87 7.0159.47 N79°56'30"W 135.14S79°56'30"E 151.60N79°24'32"W 131.7577.07S89°57'14"E51.15S79°54'42"ES42°56'24"E 110.62L = 2 0 9.83 R =280.00 Δ = 4 2°56'15" C .B r g=S 44°33'19"WC.= 204.96 Δ=18°34'36" L=103.75 R=320.00 L = 1 3 6 .87Δ =35°38'42"L=25.38Δ=3°49'35"L=151.97 R=350.00 Δ=24°52'41" L =251.84R=250 .0 0 Δ=57°42 '5 9" Δ =57°42'59" L = 2 2 1 .62 R =220.00N80°48'10"E 332.43N00°20'55"E67.80 Δ=25°56'06" L=122.22 R=270.00 L=30.01Δ=3°05'55"55 105 1055 101055 101055555 10 1 05 10101010 10 105510 10 5510555510 10S24°25'49"E23.99105510101010551010 1055 30303030 303030 3030 N00°20'55"E67.80 L=11.20Δ=1°20'11"S82°40'26"E 129.36S87°58'03"E 130.05L=43.94Δ=3°01'58"L=67.95Δ=4°41'25"S02°03'56"W 201.61 L=78.64Δ=5°51'05"L=78.59Δ=5°50'52"N12°16'01 " E 1 2 7 . 1 1 L=23.31Δ=2°41'52"S79°47'40"W 165.73N89°13'41"E 130.08N88°59'35"E50.00S01°00'25"E 1625.84 60.02N87°55'16"E251' Trail Easement Per Doc. No. 3559154L=26.62Δ=2°59'29"L=88.15 Δ=9°54'18" L=70.30Δ=7°53'59" L=65.67 Δ=9°54'06" L=65.70 Δ=9°54'22"N78°03'48"W 130.0150.94 36.1655W. Line - Outlot DCaslano 5050L=251.84R=250.00Δ=57°42'59 "86.8276.1176.07S89°57'14"E77.11S89°57'14"E60.55S42°56'24"E69.6873.73 85.39 74.56 70.59 56.64 56.49 67.95 79.21 85.9947.45 10.00S01°00'21"E33.68N77°51'00"W106.18N68°08'05"W25.00S23°58'34"E6.77Δ =10°53'02" L=53.19 R =280.00S89°02'08"WN89°02'08"E 93.10L=47.90R=220.00Δ=12°28'33" DRIVE HORNBY 15.68N11°42'14" E L =51.82 R=220.00 Δ =13°29'43" Δ=7°21'50"L=28.28 10 10N01°06'15"W 105.00 10.00 25.81L=5.58R=350.00Δ=0°54'49"15.68N11°42'14"E12.09N01°47'30"WL=25.38Δ=7°21'50" L=35.99 Δ=7°21'50" L=32.13R=250.00N11°42'14" E 15.68Δ=13°29'43" L=58.88R=250.00N01°47'30"W12.09L=17.03Δ=4°26'03"L =3 4.79 Δ=9 °0 3 '4 0"S00°46'19"E9.50=5°06'43"L=19.63 R=220.00 C.Brg=N01°47'02"EC.=19.62S85°39'37"E 216.32Drainage & Utility Easement S82°40'24"E 129.36SEC. 17, TWP.114N, RGE. 20WS I T E VICINITY MAP(NOT TO SCALE)Dakota County, MinnesotaCASLANO SECOND ADDITION SHEET 1 OF 2 SHEETSCITY COUNCIL, CITY OF LAKEVILLE, STATE OF MINNESOTAThis plat of CASLANO SECOND ADDITION, was approved by the City Council of Lakeville, Minnesota,this _______ day of ___________________, 20_____, and hereby certifies compliance with all requirementsas set forth in Minnesota Statutes, Section 505.03, Subd. 2.______________________________________ ______________________________________MayorClerkCOUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021 Subd. 11, this plat has beenreviewed and approved this _______ day of ___________________, 20_____.______________________________________Todd B. Tollefson, Dakota County SurveyorBOARD OF COUNTY COMMISSIONERS, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the 28th day of November, 2023 the Board of Commissioners of DakotaCounty, Minnesota approved this plat of CASLANO SECOND ADDITION and said plat is in compliancewith the provisions of Minnesota Statutes, Section 505.03, Subd. 2 and pursuant to the Dakota CountyContiguous Plat Ordinance.______________________________________ ______________________________________Chair, County BoardCounty Treasurer-AuditorINSTRUMENT OF DEDICATIONKNOW ALL PERSONS BY THESE PRESENTS: That DRP MN 1, LLC, a Delaware limited liabilitycompany, owner of the following described property:Outlot B and Outlot D, Caslano, City of Lakeville, Dakota County, Minnesota.Have caused the same to be surveyed and platted as CASLANO SECOND ADDITION and dohereby dedicate to the public, for public use, the public ways and the drainage and utility easementsas created by this plat.In witness whereof said DRP MN 1, LLC, a Delaware limited liability company, has caused thesepresents to be signed by its proper officer this _______ day of ___________________, 20_____.Signed: DRP MN 1, LLC, a Delaware limited liability companyBy __________________________________________Its __________________________________________State of ____________________________County of ____________________________This instrument was acknowledged before me on _______________________, 20_____ by________________________________, the _________________________ of DRP MN 1, LLC, aDelaware limited liability company, on behalf of the limited liability company.Signature __________________________________________print______________________________________Notary Public ______________________________My Commission Expires _____________________0SCALE IN FEET50 100ORIENTATION OF THIS BEARING SYSTEM ISBASED UPON THE WEST LINE OF OUTLOT D,CASLANO, WHICH IS ASSUMED TO BEARNORTH 00 DEGREES 46 MINUTES 01SECONDS WEST.NE 1/4N W 1 / 4SW 1/4S E 1 / 4 Highview Ave CS A H N o . 9 ( D o d d B l v d )DENOTES FOUND 1/2" IRON SOLIDIRON PIPE LICENSE NO. 45817UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTYMONUMENT FOUNDINDICATES 1/2" X 18" LONG SOLIDIRON SET WITH PLASTIC CAP MARKEDBY ISG, LICENSE NO. 45817LEGENDDetail1"=30'SeeDetailHounds Hinckley DriveAvenueHideawayTrailHuntley Trail185th Street14. 5 1 10DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OFMINNESOTAPursuant to Minnesota Statutes, Chapter 505.021, Subd. 9, taxes payable for the year 20_____ on the landhereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered this _______ day of ___________________, 20_____.______________________________________Amy A. Koethe, Director Department of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of CASLANO SECOND ADDITION was filed in the office of the CountyRecorder for public record on this _______ day of ___________________, 20_____, at _______ o'clock_____.M. and was duly filed in Book _______ of Plats, page _______, as Document No._____________________.______________________________________Amy A. Koethe, County RecorderSURVEYOR'S CERTIFICATEI Mark A. Schwanz do hereby certify that this plat was prepared by me or under my directsupervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been or, will be correctly setwithin one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all publicways are shown and labeled on this plat.Dated this _______ day of ___________________, 20_____.___________________________________________________________Mark A. Schwanz, Land SurveyorMinnesota License No. 45817State of MinnesotaCounty of ____________________________This instrument was acknowledged before me on _______________________, 20_____ by Mark A.Schwanz, Licensed Land Surveyor.Signature __________________________________________print_______________________________________Notary Public, _______________________________My Commission Expires ______________________OFFICIAL PLATMATCH L INESEE SHEET 2 OF 2 SHEETSDrainage and Utility Easements are shown thus:Being 5 feet in width and adjoining lot lines and being 10 feet inwidth and adjoining right - of - way lines and rear lot lines,unless otherwise indicated on the plat.10 10 10 55Drainage andUtility EasementLinesLot LinesRight-of-Way LineDRAFTEXHIBIT CPage 120 of 143 Δ=14°46'44"L=72.22Δ=22°04'17"L=84.75Δ=7°59'02"L=65.49Δ =7°56'31" L =66.53 Δ =7 °3 2 '08" L=5 5.2 4 Δ=6°21'55"L=58.88L=169.33 R=330.00 Δ=29°23'59" W. LineE 1/2 - NE 1/4Sec. 17-T114N-R20W E 1/4 CornerSec. 17-T114N-R20WFound Mag Nail1/2" IronRLS 22883WET LANDWET LANDWET LANDHORNBY DRIVES. Line - NE 1/4Sec. 17-T114N-R20WWET LANDWET LANDE.LineW 1/2 - NE 1/4Sec. 17-T114N-R20W 5050S01°00'25"E 2659.69 N00°46'01"W 956.77OUTLOT A60VARIES VARIES 5075 DRIVE33144 51162223334444555566667777888899991010101011111213N52°46'20"E 481.91 H O C K E Y L A N E HOCKEY LANE N00°51'46"W 173.09 S00°51'46"E 173.09 Δ =10°55'16" L =8 0.06R=420.00 Δ =10°55 '16" L =91.49 R =48 0.00 S10°03'30"W121.92 N10°03'30"E 121.92 Δ=41°32'36" L=123.26 R=170.00 S40°40'50"W90.72Δ=41°26'51"L=166.38 R=230.00L=358.25R=5815.50Δ=3°31'46"C.=358.19C.Brg=S85°53'18"WS10°03'30"W 121.92 N10°03'30"E 121.92 L=222.43 R = L=198.39 Δ=5°50'58"L=78.61S89°02'08"W63.00Δ=1°32'07"S28 ° 3 2 ' 1 8 " W 92.2 4 Δ=6°36'05" L=38.02N57°23'17"W 83.34N3 4 ° 1 1 ' 0 2 " E 1 3 3 . 5 36.3790.4345.34Δ=6°41'26" L=64.81 N79°56'30"W 133.272.2770.00 N79°56'30"W 135.14L=65.35Δ=11°20'45"N79°24'32"W 131.75L =65.96Δ=11°27'09"3.82S89°08'14"W 138.3549.65 S08°31'46"W10.12N83°19'39"W 137.56L=24.82Δ=3°23'08"61.86S89°08'14"W 140.0024.82 78.85S89°08'14"W 140.0074.72N00°51'46"W86.80 82.24 86.80N89°08'14"E 130.1642.32L=42.55Δ=14°20'24"S89°13'59"W 125.00N89°08'14"E 130.0471.27 S89°31'36"E 130.0859.50 S79°56'30"E 151.6055.52L=13.76Δ=1°38'34"N81°35'04"W 137.85S80°27'04"E 164.85L=4.40Δ=0°30'33"66.40 L=85.34 Δ=9 N28 ° 3 2 ' 1 8 " E 92.2 4 Δ=5°38'08"L=81.64S20°4 9 ' 5 3 " W 1 7 6 . 6 4S89°57'14"E68.84Δ=4°41'27"L=67.95S16°08' 2 6 " W 1 4 9 . 5 2 Δ=4°41'27"L=67.95S11°26'59" W 1 3 0 . 0 8 Δ=4°41'27"L=67.95S06°45'31"W 126. 6 0N79°54'42"W51.15N89°57'14"W27.64N42°56'24"W 110.62N89°02'08"E61.64N09°11'50"W 134.73 N09°11'50"W 147.11 N09°11'50"W 15 9 . 4 9 L=16.33Δ=3°27'57"N00°51'46"W 156.12 S00°51'46"E 130.02123.07S00°51'46"E 130.0175.00S02°49'55"E 130.3978.62S09°11'50"E 12 9 . 6 725.93S09°11'50"E 129 . 1 7 S09°11'50"E 129 . 2 158.92S09°11'50"E 129 . 3 975.00S09°11'50"E 129 . 5 775.00S09°11'50"E 129 . 7 575.0075.00N89°57'14"W 88.53N89°57'14"W 85.68N89°57'14"W 81.72N00°46'01"W115.2760 H O R N B Y N89°08'14"E 214.72L=72.73R=500.00Δ=8°20'04"N80°48'10"E 390.19N89°02'08"E 93.10R=800.00Δ=35°08'54"N2 8 ° 3 2 ' 1 8 " E 1 2 1 . 7 0 L=153.94 R=30 0.0 0 Δ=29°24'04" N00°51'46"W 190.83 S22°29'13"W8.250Δ=35°08'54"L=397.38R=830.00Δ=27°25'53"N08°31'46"E 8 2 . 7 8 44.6014.64S86°37'56"E 135.77N08°31'46"E 7 0 . 0 2 N08°31'46"E 1 0 5 . 3 5 50Found Mag NailS48°28'48"E73.00S74°21'09"E60.29S48°28'48"E73.00S89°08'14"W 214.72N00°51'46"W 164.91 Δ=33°58'49" L=136.41 R=230.00 S69°46'18"E59.24S01°00'25"E S88°59'35"W39.84L=185.07 R=509.90Δ=20°47'47" L=165.00 R=380.00 Δ=24°5 2 '41"L=411.94Δ=29°30'10"S80° 56' 28"W 358.92S80° 25' 20"W 151.99S89° 07' 55"W 302.62S00°51'46"E68.87 7.0159.47 S08°31'46"W 96.80N79°56'30"W 135.14S79°56'30"E 151.60N79°24'32"W 131.7577.07S89°57'14"E51.15S79°54'42"ES42°56'24"E 110.62N41°56'26"W39.20L = 2 0 9.8 3R =280.00 Δ =42°56'15" C .B rg =S 44°33'19"W C .=20 4.96 Δ=18°34'36" L=103.75 R=320.00 L = 1 3 6 .8 7Δ =35°38'42"L=25.38Δ=3°49'35"L=151.97 R=350.00 Δ=24°52'41" L =251.84R=250.0 0 Δ=57° 4 2'59" Δ =57°42'59" L = 2 2 1.6 2R =220.00 140.73 42.64N80°48'10"E 332.43140.00367.1423.0530.0030.00 L=80.71Δ=27°12'12" N00°20'55"E67.80 Δ=25°56'06" L=122.22 R=270.00 5 1055 10105 105 1010105510S24°25'49"E23.991055101010 10105 5 1010101055 5510 10 1055551055 3030303030303030 N00°20'55"E67.80L=18.21Δ=1°58'09"L=11.20Δ=1°20'11"S82°40'26"E 129.36S87°58'03"E 130.05L=43.94Δ=3°01'58"L=67.95Δ=4°41'25"S02°03'56"W 201.61 Δ=5°50'52"25L=26.62Δ=2°59'29"L=88.15 Δ=9°54'18" L=70.30Δ=7°53'59" L=65.67 Δ=9°54'06" L=65.70 Δ=9°54'22"N78°03'48"W 130.015 5 W.Line - Outlot DCaslano L=251.84R=250.00Δ=57°42'59 "86.8276.1193.4376.07S89°57'14"E77.11S89°57'14"E60.55S42°56'24"E69.6875.0016.0960.9084.22 71.27 73.73 85.39 74.56 70.59 56.64 S01°00'21"E33.68N77°51'00"W106.18N68°08'05"W25.00S09°11'50"E 132.65 S23°58'34"E6.771010 CASLANO SECOND ADDITION SHEET 2 OF 2 SHEETS0SCALE IN FEET60 120ORIENTATION OF THIS BEARING SYSTEMIS BASED UPON THE WEST LINE OFOUTLOT D, CASLANO, WHICH IS ASSUMEDTO BEAR NORTH 00 DEGREES 46MINUTES 01 SECONDS WEST.DENOTES FOUND 1/2" IRON SOLID IRON PIPELICENSE NO. 45817 UNLESS OTHERWISE NOTEDDENOTES DENOTES DAKOTA COUNTYMONUMENT FOUNDINDICATES 1/2" X 18" LONG SOLID IRON SETWITH PLASTIC CAP MARKED BY ISG, LICENSENO. 45817WATER'S EDGEDELINEATED WET LAND EDGEDENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER DOC. NO. 3559152LEGENDW5 5 5 10 10 10 OFFICIAL PLATNE CornerSec. 17-T114N-R20WFound 3" Alum DiskMATCH LINESEE SHEET 1 OF 2 SHEETSSEC. 17, TWP.114N, RGE. 20WSITE VICINITY MAP(NOT TO SCALE)Dakota County, MinnesotaNE 1/4NW 1/4SW 1/4SE 1/4Highview AveCSAH No. 9 (Dodd Blvd)HoundsHinckleyDriveAvenueHideawayTrailHuntley Trail185th StreetDRAFTPage 121 of 143 • • • • Page 122 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 2 OF 9 Page 123 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 3 OF 9 Page 124 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 4 OF 9 Page 125 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 5 OF 9 Page 126 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 6 OF 9 Page 127 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 7 OF 9 Page 128 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 8 OF 9 Page 129 of 143 CASLANO SECOND ADDITION – FINAL PLAT FEBRUARY 9, 2024, REVISED FEBRUARY 29, 2024 PAGE 9 OF 9 Page 130 of 143 Date: 3/4/2024 Agreement with Blue Water Science for Professional Services for Lake Management Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Blue Water Science for Professional Services associated with the City's lake management program. Overview The City's lake management program is designed to manage, promote and protect City water resources including lakes, wetlands and streams. The City conducts annual research to define baseline and current water quality and ecological trends. Results are used to monitor recreation suitability, guide lake management strategies and decisions, and secure funding opportunities. The Agreement establishes City and Blue Water Science project responsibilities and costs. The City's estimated total cost is $45,400. The following work is planned for 2024: Lake Marion: Watercraft inspections, aquatic invasive species monitoring and annual lake review report (water quality and aquatic vegetation data). Orchard Lake: Watercraft inspections, aquatic invasive species monitoring and annual lake review report (water quality and aquatic vegetation data). East Lake: Algae monitoring, transplanting aquatic plants, fish survey and annual lake review report (water quality and aquatic vegetation data). Lee Lake: Annual lake review report (water quality and aquatic vegetation data). Valley Lake: Algae monitoring, transplanting aquatic plants, fish survey and annual lake review report (water quality and aquatic vegetation data). Miscellaneous: Education and outreach at various City events. Supporting Information 1. 2024.03.04 Agreement Blue Water Science Financial Impact: $45,400.00 Budgeted: Yes Source: Utility Fund - Environmental Resources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: McKenzie Cafferty, Environmental Resources Manager Page 131 of 143 201374v1 2024 AGREEMENT FOR PROFESSIONAL SERVICES WITH BLUE WATER SCIENCE AGREEMENT made this 4th day of March 2024, by the CITY OF LAKEVILLE, Minnesota, and STEVE McCOMAS d/b/a/ BLUE WATER SCIENCE (the “Consultant”). 1. SCOPE OF SERVICE AND AUTHORIZATION. A. Consultant shall be responsible for providing the professional services as described in the 2024 Lakeville Projects Workplan attached hereto as Exhibit A (“Work Plan”) and in accordance with the timelines identified in the Work Plan. Consultant’s services shall commence immediately upon receipt of written notice to proceed from the City. 2. TERM. This Agreement shall commence upon March 4, 2024, and shall terminate on February 28, 2025. Field work will occur throughout 2024 with final reports submitted by February 28, 2025. 3. FEES AND PAYMENT. The Consultant’s fee for the services provided under the Work Plan shall be based on the rates set forth in the Work Plan but shall not exceed $45,400. The fee is inclusive of all costs and taxes, if any including non-salary expenses such as barley straw costs, landscaping plants, and educational materials that will be printed. Payment for completed services shall be due within 35 days after invoicing by Consultant. 4. STANDARD OF CARE. The Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services under the Work Plan as is ordinarily possessed and exercised by members of Consultant’s profession practicing under similar conditions. The City shall not be responsible for discovering deficiencies in the accuracy of the Consultant’s services. 5. INSPECTION/REMEDY. A. Services shall be subject to inspection by the City. B. Defective work shall be removed and replaced, or satisfactorily corrected. 6. UNAUTHORIZED WORK. Additional work performed without authorization through a written amendment of this Agreement will not entitle Consultant to an increase in the amount paid to Consultant or an extension of the term of this Agreement. 7. CITY RESPONSIBILITY. At the Consultant’s reasonable request, the City shall provide to the Consultant all reports, data, studies, plans, specifications, documents, and other information in its possession which are relevant to the services. The Consultant shall be responsible only for the accuracy of the data, interpretations or recommendations generated or made by others, which are based, in whole or in part, on the Consultant’s data, interpretations or recommendations. Page 132 of 143 2 8. INDEMNIFICATION. To the fullest extent permitted by law, Consultant agrees to defend, indemnify and hold harmless the City and the County, and their employees, officials, and agents from and against all claims, suits, demands, judgments, costs, interest, expenses, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Consultant’s performance of its obligations under this Agreement, caused in whole or in part by any negligent act or omission of the Consultant. Consultant’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Consultant, or anyone for whose acts Consultant may be liable. Consultant agrees this indemnity obligation shall survive the completion or termination of this Agreement. 9. INSURANCE. Prior to the start of the project, the Consultant shall furnish to the City and the County a certificate of insurance showing proof of the required insurance required under this Paragraph. Consultant shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Consultant and the City for work covered by the Agreement including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Agreement, whether such operations are by Consultant or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Consultant’s insurance must be “Primary and Non-Contributory”. Page 133 of 143 3 All insurance policies (or riders) required by this Agreement shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City and the County, their employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and County. A copy of the endorsement must be submitted with the certificate of insurance. Consultant’s policies and certificate of insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Consultant’s policy limits on a follow-form basis to satisfy the full policy limits required by this Agreement. 10. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. 11. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Agreement requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the Agreement, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 12. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 13. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. Page 134 of 143 4 14. RIGHTS AND REMEDIES. A. The duties and obligations imposed by this Agreement, and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Consultant shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 15. GOVERNING LAW AND VENUE. This Agreement is governed by and shall be construed according to the laws of Minnesota. Venue for all legal proceedings arising out of this Agreement or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 16. NOTICES. All notices and communications to the Consultant under this Agreement shall be to 550 South Snelling Avenue, St. Paul, MN 55116. Verbal communications shall be confirmed in writing. Notices to the City shall be in writing and shall be either hand delivered to the City Engineer or mailed to the City by certified mail in care of the City Engineer at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 17. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant’s receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 18. AUDIT DISCLOSURE AND DATA PRACTICES. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if she were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. Page 135 of 143 5 19. NONDISCRIMINATION.The Consultant agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Consultant agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age. 20. ASSIGNMENT.Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 21. WAIVER.Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 22. TERMINATION.This Agreement may be terminated by the City with or without cause by written notice to the Consultant. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered until the effective date of termination, 23. ENTIRE AGREEMENT.This Agreement, including any attachments incorporated, constitutes the entire understanding between the City and the Consultant. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. CITY OF LAKEVILLE By:_____________________________ Luke Hellier, Mayor And:_____________________________ Ann Orlofsky, City Clerk CONSULTANT _______________________________ Steve McComas Steven McComas Digitally signed by Steven McComas DN: cn=Steven McComas, o=Blue Water Science, ou, email=mccomas@pclink.com, c=US Date: 2024.02.28 09:37:36 -06'00' Page 136 of 143 6 EXHIBIT A 2024 Lakeville Projects Work Plan Page 137 of 143 Page 1 QUOTE 2024 Lakeville Projects Date: February 21, 2024 To: Mac Cafferty, City of Lakeville From: Steve McComas, Blue Water Science East Lake Activity Timeline Description Budget 1. Aquatic plant survey. July Conduct late season aquatic plant survey. Submit report of findings to City staff no later than December 31. $900 December 2. Phytoplankton sampling May- September Collect two phytoplankton samples and two benthic alga samples and have analyzed by PhycoTech. Include an algae management plan. $1,600 3. Fish survey September- October Conduct a trapnet survey and check fish population status in regard to water quality. Prepare a fish management report. $3,600 4 Transplant aquatic plants to East Lake. June Collect plants from uninfested lakes, purchase tubers from a nursey, and transplant to East Lake. Lakeville city staff may assist. $1,200 5. Algaecide treatments Coordinate with PLM on algaecide treatments. No charge 6. Annual East Lake review. May-February Incorporate CAMP Lake water quality data for 2023. Update historical aquatic plant and water quality data. Update AIS activities including carp results. Incorporate fish survey results and discuss fish management approaches for East Lake. Submit to City staff by February 28, 2024. $1,900 Total $9,200 Lee Lake Activity Timeline Description Budget 1. Aquatic plant surveys. June Conduct early season aquatic plant point intercept survey. Conduct late season aquatic plant point intercept survey. Submit report of findings to City staff no later than December 31. $1,900 July December 2. Annual Lake Lee review. May - February Incorporate CAMP Lake water quality data for 2023. Update historical aquatic plant and water quality data. Update AIS activities for CLP, EWM, and zebra mussels. Incorporate fish stocking data and make lake management recommendations. Submit to City staff by February 28, 2024. $2,100 Total $4,000 Continued on following page Page 138 of 143 Page 2 Lake Marion Activity Timeline Description Budget 1. Shoreline inventory July - September A photographic inventory with GPS of all shoreland parcels will be conducted in 2024. Shoreline buffer strips and upland vegetation characteristics will be evaluated for each parcel. A shoreland inventory establishes existing conditions, and can help lake residents to assess the status of their shoreland area. It also sets a benchmark for future comparisons and the 2010 Marion Shoreland Inventory will be compared as well. $3,700 2. Annual Lake Marion review. May - February Incorporate CAMP Lake water quality data for 2023. Update historical aquatic plant and water quality data. Update AIS activities for CLP, EWM, and zebra mussels. Submit to City staff by February 28, 2024. $2,400 Total $6,100 Orchard Lake Activity Timeline Description Budget 1. Total phosphorus samples in aeration pond June- September Collect a total phosphorus sample from the aeration pond adjacent to Orchard Lake monthly from June to September. Update Orchard Pond water quality over the years. $800 2. Annual Orchard Lake review. May - February Incorporate CAMP Lake water quality data for 2023. Update historical aquatic plant and water quality data. Update AIS activities for CLP, EWM, and zebra mussels. Also discuss shoreland inventory results and make lake management recommendations. Submit to City staff by February 28, 2024. $2,300 Total $3,100 Valley Lake Activity Timeline Description Budget 1. Aquatic plant surveys. June Conduct early season aquatic plant survey. Conduct late season aquatic plant survey. Submit report of findings to City staff no later than December 31. $1,300 July - August December 2. Phytoplankton sampling May- September Collect two phytoplankton samples and two benthic alga samples and have analyzed by PhycoTech. Include an algae management plan. $1,600 3 Transplant aquatic plants to Valley Lake. June Collect plants from uninfested lakes, purchase tubers from a nursey, and transplant to Valley Lake. Lakeville city staff may assist. $1,200 4. Fish stocking. Spring or Fall Coordinate fish stocking of largemouth bass or northern pike to be conducted in spring or fall determined if fish are available. Inform City staff prior to and following stocking completion. $2,400 5. Annual Valley Lake review. May - February Incorporate CAMP Lake water quality data for 2023. Update historical aquatic plant and water quality data. Update AIS activities for CLP and EWM. In addition, evaluate impact of watershed P loading and other possible P loading sources to Valley Lake. Submit to City staff by February 28, 2024. $1,500 Total $8,000 Continued on following page Page 139 of 143 Page 3 Education and Outreach Activity Timeline Description Budget 1. Project update. May - September Provide City staff monthly project updates. $600 2. Participation in City events. April – August Present at 3 City meetings/events (Lake Marion Annual meeting, Lakeville SWPP meeting, Earth Day/Watershed Clean-up Day). $1,100 Total $1,700 Additional Projects Cost Summary 2024 Quote East $9,200 Lee $4,000 Marion $6,100 Orchard $3,100 Valley $8,000 Education and Outreach $1,700 Total $32,100 Page 140 of 143 QUOTE 2024 Lakeville Aquatic Invasive Species Projects Date: February 21, 2024 To: Mac Cafferty, City of Lakeville From: Steve McComas, Blue Water Science Lake Marion Activity Timeline Description Budget 1. General AIS Searches. June - September Conduct monthly AIS searches (zebra mussels, starry stonewort, spiny waterflea rusty crayfish, etc.) at the following locations: - Public boat access, - Casperson Park frontage/rock point, - Public fishing piers, and - Shoreline north of public access ($200/month plus report). $1,000 2. Curlyleaf pondweed (CLP) delineation. April - May Delineate CLP growth. Create map and shapefiles of treatable areas and provide to City and treatment contractor. $1,000 CLP assessment. June Conduct early season aquatic plant survey (full transect survey) that serves as a CLP assessment. Create map of growth extent and provide to City staff. $1,200 3. Eurasian watermilfoil (EWM) delineation. June Delineate EWM plant growth. Create map of growth extent and provide to City staff and treatment contractor. Provide results to City staff. $1,300 EWM assessment. August- September Assess post-treatment plant growth of EWM and native plants. Include results in aquatic plant survey report to be submitted by December 15. $2,400 Total $6,900 Continued on following page Page 141 of 143 Page 2 Orchard Lake Activity Timeline Description Budget 1. General AIS Searches. June - September Conduct monthly (June-September) AIS searches (zebra mussels, starry stonewort, spiny waterflea, rusty crayfish, etc.) at the following locations: - Public boat access, and - Swimming beach. ($100/month plus report) $800 2. Curlyleaf pondweed (CLP) delineation. April-May Delineate CLP growth. Create map of potential treatment areas and provide to City and treatment contractor. $800 CLP assessment. June Conduct early season aquatic plant transect survey. Assess CLP. $950 3. Eurasian watermilfoil (EWM) delineation. June Delineate EWM plant growth. Create map of potential treatment areas and provide to City staff and treatment contractor. $950 EWM assessment. August- September Assess post-treatment plant growth of EWM and native plants. Use a point intercept survey combined with a meander survey. Include results in aquatic plant survey report to be submitted by December 15. $2,900 Total $6,400 Aquatic Invasive Species Cost Summary Quote Marion $6,900 Orchard $6,400 Total $13,300 Page 142 of 143 Date: 3/4/2024 Public Hearing on the application for Crystal Lake Golf Club LLC for an On-sale and Sunday liquor license Proposed Action Staff recommends adoption of the following motion: Move to grant an On-sale and Sunday liquor license to Crystal Lake Golf Club LLC at 16725 Innsbrook Drive. Overview Crystal Lake Golf Club LLC, located at 16725 Innsbrook Drive has applied for an on-sale liquor and Sunday license under new ownership. Applicants Gary Zieh and Michael Pahl will be the new owners, and current operations will not be changed. The Police department reviewed the application and conducted a background investigation on the applicants, Gary Zieh and Michael Pahl. Approval is recommended. Gary Zieh will be present at Monday's public hearing. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 143 of 143